Skip to main content
×
Home
    • Aa
    • Aa

EVER CLOSER REMOTENESS OF THE PEOPLES OF EUROPE? LIMITS ON THE POWER OF AMENDMENT AND NATIONAL CONSTITUENT POWER

Abstract
Abstract

It might seem counter-intuitive to suggest that the chasm between Europe and her citizens is partially caused by the weakening of constituent power at the national level. Nonetheless, this article contends that the strength of ever closer union depends partly on the resilience of national constituent power. An insight recovered from French constitutional theory – that respect for constituent power is closely related to respect for limits on the power of amendment – is used as a measure of this resilience. Upon examination of judicial decisions in Germany and Spain in which enumerated substantive limits on the power of amendment have not been satisfactorily enforced, and others in Ireland and France in which the existence of essential limits on the power of amendment has been flatly denied, this article concludes that by debilitating national constituent power, ironically treaty ratifications conduce to ever closer remoteness between the peoples of Europe.

Copyright
Corresponding author
Address for Correspondence: Email: maria.cahill@ucc.ie.
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

M. Loughlin , “The Concept of Constituent Power” (2014) 13(2) European Journal of Political Theory 218

C. Thornhill , “A Sociology of Constituent Power: The Political Code of Transnational Societal Constitutions” (2013) 20(2) Ind.J.Global Legal Studies 551

P. Craig , “Constitutions, Constitutionalism, and the European Union” (2001) 7 (2) E.L.J 125

G. de Búrca , “After the Referenda” (2006) 12 E.L.J. 6

D. Grimm , “Does Europe Need a Constitution?” (1995) 1 E.L.J. 282

J. Habermas , “Constitutional Democracy: A Paradoxical Union of Contradictory Principles?” (2001) 29(6) Pol.Theory 766

J. Habermas , “Comment on the Paper by Dieter Grimm: ‘Does Europe Need a Constitution?’” (1995) 1 E.L.J. 303

H. Lindahl , “The Paradox of Constituent Power: The Political Self-Constitution of the European Union” (2007) 20(4) Ratio Juris 485

J. Elster , “Forces and Mechanisms in the Constitution-Making Process” (1995) 45 Duke L.J. 364

G. Halmai , “Unconstitutional Constitutional Amendments: Constitutional Courts as Guardians of the Constitution?” (2012) 19 Constellations 182

Y. Roznai , “Unconstitutional Constitutional Amendments: The Migration and Success of a Constitutional Idea” (2013) 61 Am.J.Com.L. 657

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

The Cambridge Law Journal
  • ISSN: 0008-1973
  • EISSN: 1469-2139
  • URL: /core/journals/cambridge-law-journal
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords:

Metrics

Full text views

Total number of HTML views: 4
Total number of PDF views: 75 *
Loading metrics...

Abstract views

Total abstract views: 211 *
Loading metrics...

* Views captured on Cambridge Core between September 2016 - 29th May 2017. This data will be updated every 24 hours.