IDEAS home Printed from https://ideas.repec.org/p/erp/arenax/p0052.html
   My bibliography  Save this paper

Three conceptions of the European Constitution

Author

Listed:
  • Agustín José Menéndez

Abstract

In this essay, it is argued that legal and political argument on the European constitution requires putting forward a normative conception of the constitution. Next to the formal and material understandings of the constitution, there is a need for a conception that determines the legitimacy basis of constitutional norms. This has considerable implications for the way in which constitution-making takes place. In particular, a critical normative conception of the constitution would render clear that any legitimate attempt at changing the basic constitutional norms presupposes a reinforced type of legitimacy. That has not yet been met in the European Union, but it might be attained in forthcoming constitutional moments.

Suggested Citation

  • Agustín José Menéndez, 2003. "Three conceptions of the European Constitution," ARENA Working Papers 12, ARENA.
    • Handle: RePEc:erp:arenax:p0052
    as

    Download full text from publisher

    File URL: http://www.arena.uio.no/publications/working-papers2003/papers/03_12.xml
    File Function: Full text
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    constitution building; constitutional change; European Convention; legitimacy;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:arenax:p0052. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sindre Eikrem Hervig (email available below). General contact details of provider: http://www.arena.uio.no/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.