Book contents
- Europe’s Second Constitution
- Cambridge Studies in Constitutional Law
- Europe’s Second Constitution
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 Demos Obstacles to European Constitutionalization
- 3 Civitas Obstacles to European Constitutionalization
- 4 Ius Obstacles to European Constitutionalization
- 5 Addressing the Legal Obstacles to EU Constitutionalization
- 6 Conclusions
- Bibliography
- Index
2 - Demos Obstacles to European Constitutionalization
Published online by Cambridge University Press: 21 September 2020
- Europe’s Second Constitution
- Cambridge Studies in Constitutional Law
- Europe’s Second Constitution
- Copyright page
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Table of Legislation
- Abbreviations
- 1 Introduction
- 2 Demos Obstacles to European Constitutionalization
- 3 Civitas Obstacles to European Constitutionalization
- 4 Ius Obstacles to European Constitutionalization
- 5 Addressing the Legal Obstacles to EU Constitutionalization
- 6 Conclusions
- Bibliography
- Index
Summary
One of the most fundamental obstacles to EU constitutionalization is said to be the lack of a European demos, which is seen as a precondition for any constitutional system.The term ‘demos’ originally referred to the common people of an ancient Greek state. Today, demos can describe the populace of a democracy, as a political unit. European Member State courts, such as the GFCC, have raised prominent concerns that further constitutionalization is constrained by the absence, in Europe, of a common attachment as an entity; they emphasize that there is no ‘European people’ and no future possibility thereof, meaning that the final say in constitutional matters will always rest with each European Member State.
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- Information
- Europe's Second ConstitutionCrisis, Courts and Community, pp. 58 - 100Publisher: Cambridge University PressPrint publication year: 2020