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Constitutional Legitimacy and Credible Commitments in the European Union.

Authors :
Estella, Antonio
Source :
European Law Journal. Jan2005, Vol. 11 Issue 1, p22-42. 21p.
Publication Year :
2005

Abstract

The idea that the European Union must not adopt a constitution is gaining ground in current legal research on European constitutionalism. The N-C (No Constitution) thesis is being forcefully defended, in particular, by authors in the‘contextual’ or‘law in context’ tradition. However, likewise using a‘contextual’ methodology, in this article I argue that the N-C thesis is in many regards misplaced. In this work, I defend the idea that Europe must adopt a constitution for reasons of credibility. I also try to show the main pitfalls of the N-C thesis. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13515993
Volume :
11
Issue :
1
Database :
Academic Search Index
Journal :
European Law Journal
Publication Type :
Academic Journal
Accession number :
15631133
Full Text :
https://doi.org/10.1111/j.1468-0386.2005.00247.x