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Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?
Perspectives on Federalism (2011)
  • Giuseppe Martinico
Abstract
According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure of any possible constitutional ambition for the European Union (EU). This point can be challenged both from a theoretical point of view – by describing the EU as an example of “evolutionary constitutionalism” – and a pragmatic one (i.e., looking at the functioning of concrete constitutional experiences), I will focus my paper on this second point, insisting on comparative argument. The research question of this work is: Can we compare the “constitutional crisis” of the EU to the constitutional difficulties encountered by other multinational experiences? My idea is that the latest attempts at amending the EU treaties – the period of the “Conventions” – can be traced back to the genus of mega-constitutional politics and starting from this parallelism I argue that the so-called constitutional “failure” of the EU is actually a confirmation of the current constitutional nature of the EU rather than the proof of the impossibility of transplanting the constitutional discourse to the EU level.
Keywords
  • European Union,
  • European Constitution,
  • Canada,
  • Switzerland,
  • Comparative Law,
  • Constitutional Odyssey
Disciplines
Publication Date
2011
Citation Information
Giuseppe Martinico. "Constitutional Failure or Constitutional Odyssey? What Can We Learn From Comparative Law?" Perspectives on Federalism Vol. 3 Iss. 1 (2011)
Available at: http://works.bepress.com/giuseppe_martinico/21/