At the Laeken European Council of December 2001, government and state leaders of the European Union (EU) Member States decided to draft a `Constitutional Treaty' for the EU. The draft would then be discussed, amended, approved or rejected by an Intergovernmental Conference (IGC) held in 2003. The aim of Fabbrini's article is thus to contribute to the understanding of the constitutional evolution of the EU through a comparison with the constitutional experience of the United States.
Worth noting is the fact that there originally were two American constitutions, that the EU does not yet have a formal constitution; but also that the similarities between the constitutionalization process of the two powers are so similar that they warrant a closer look.
According to Sergio Fabbrini, "`Constitutionalism' means a set of procedures and principles used, in a given society and at a given historical period, to define the nature of the supreme law of the land (which constitution?), to promote the strategy of limitation of public powers (for which polity?) and to select the authors of the constitutional plan (which constitution making process?) (Pennock & Chapman 1979)." The following pages will examine this concept in the light of both American and European constitutionalism, by explaining the US constitution making process, giving examples, and comparing and contrasting between America and Europe.
Part 1: American constitutionalism from a comparative perspective.
Which constitution? A frame of government.
According to Fabbrini, democratic constitutions can be both written or unwritten. In America, although there is a written constitution, unwritten norms have been added in order to deal with unexpected challenges that arose af...
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...). Transatlantic constitutionalism: Comparing the United States and the European Union [Electronic version]. European Journal of Political Research, 43, 547-569.
Moull, David. (2004). Lessons the EU should learn from the formative years of the US: Challenges to EU authority in the areas of legitimacy and interpretive competence and the implications for the conceptualisation of the EU [Electronic version]. Jean Monnet Working Papers in Comparative and International Politics.
Breyer, Stephen G. (2004). Europe's Constitution is Welcome, but Very Different from it's U.S. Counterpart. The European Union Constitution: An American Perspective. A Report of the European Institute.
Sweeney, Richard J. (2004). Introduction: Constitution-Making for the Great Federations. McDonough School of Business, Georgetown University.
Constitutional format was a series of ironical statements, as it stands in ?direct antithesis to American democratic f...
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
The United States Constitution is a national government that consist of citizen’s basic rights and fundamental laws. This document was signed on September 17, 1787 in Philadelphia by the majority of representatives. Today, the United States Constitution’s purpose is to supply a strong central government. However, before the United States Constitution was developed, many citizens did not support the constitution due to the fact that they found it contradicting and detached from the original goals of the Declaration of Independence. These citizens were known as anti-federalists. Fortunately, George Washington was a supporter of the constitution and had an enormous impact in the public support of the constitution. With a few adjustments, some
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
For hundreds of years, politicians have searched for the perfect form of government to be the foundation onto which a strong and prosperous nation can be built. A Democracy is a form of government by the people. In a Democracy, a code of law is not required and the majority always rules. Similarly, in a Republic, the power of the government resides with the people. In addition, a Republic requires a code of law, which protects the minority by limiting the majority, and a system of checks and balances. In the New Nation era, the Sedition Act and the Revolution of the 1800s demonstrated the need for a code of law in order to prevent revolts. Furthermore, in the Jacksonian Era, Andrew Jackson’s abuse of power exhibited the importance of checks
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
Witte, Mark Dawson and Floris de. "Constitutional Balance in the EU after the Euro-Crisis." The Modern Law Review (2013): 817-844. Academic Search Complete.
The political culture that defines American politics shows that despite this compromise, America is still very much a democratic society. The very history of the country, a major contributor to the evolution of its political culture, shows a legacy of democracy that reaches from the Declaration of Independence through over two hundred years to today’s society. The formation of the country as a reaction to the tyrannical rule of a monarchy marks the first unique feature of America’s democratic political culture. It was this reactionary mindset that greatly affected many of the decisions over how to set up the new governmental system. A fear of simply creating a new, but just as tyrannic... ...
...: Reassessing Legitimacy in the European Union. Journal of Common Market Studies, 40 (4), pp. 603-24.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.
Landy, Marc and Sidney M. Milkis. American Government: Balancing Democracy and Rights. New York, NY: McGraw-Hill, 2004.
The doctrine of Supremacy of the EU Law has been adopted from the European Court of Justice, in which the doctrine covers all aspects of law in member states. The supremacy is evidently implied in the Treaty on European Union Article 4(3) and Treaty of the functioning of the European Union Article 18 , which emphasises the prohibitions against discrimination. This is then supported by Article 288 TFEU whereby the regulations are binding upon each member state. Furthermore, Article 344 TFEU ensures resolution between member states. This assignment will discuss to what extent the acceptance of the supremacy of the EU law has been problematic in regards to parliamentary sovereignty.
This essay will describe the characteristics of the modern nation-state, explain how the United States fits the criteria of and functions as a modern nation-state, discuss the European Union as a transnational entity, analyze how nation-states and transnational entities engage on foreign policy to achieve their interests, and the consequences of this interaction for international politics.
The story of Europe is a story that is worth telling for the simple fact that without the background of Europe, people will not understand the complexities in the creation of the Europe of yesterday and creation of the Europe today. This rich history cannot be ignored because of the close ties to the creation of the nations and the supranational institutions that have become the European Union and its trade partners. Without the background on the history of Europe the creation of this larger organization or supranational organization would be nearly impossible to understand the complexities of the current political, social and economic qualities within the EU. The history of a country, state or organization also helps us to understand the some aspects of the future of the EU.