The Constitution of Europe: 'Do the New Clothes Have an Emperor?' and Other Essays on European Integration

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Cambridge University Press, Feb 25, 1999 - Law - 364 pages
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Joseph Weiler presents essays written during the 1990s on issues related to European constitutional law. In a series of highly accessible discussions concerning the legal framework of the European Communities and the European Union, Professor Weiler describes the gradual strengthening of transnational European institutions at the expense of national legislators. Although individuals as legal consumers have been empowered by Community law, he writes, this has been at the expense of their rights as citizens. The Constitution of Europe thus provides from a legal perspective a balanced and authoritative critique of the attractions and demerits of the goal of European integration.
 

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Contents

Introduction We will do and hearken
3
The transformation of Europe
10
the foundational period towards a theory of equilibrium
16
mutation of jurisdiction and competences
39
1992 and beyond
63
Two visions of the promised land the ideology ethos and political culture of European integration
86
an afterword
96
Fundamental rights and fundamental boundaries on the conflict of standards and values in the protection of human rights in the European legal space
102
Findesiéde European do the new clothes have an emperor?
238
European democracy and its critics policy and system
264
international supranational infranational or taking MacCormick seriously
270
Models of democracy
278
The autonomy of the Community legal order through the looking glass
286
constitutional or international?
292
Judicial KompetenzKompetenz
298
Redefining the Decisive Question
317

Human rights in the Community legal order
107
Further reading
128
mixity and the federal principle
130
Federal states and international treaties
136
Mixed agreements and the evolution of Community external relations
168
mixity in the light of federalstate experience
184
The leastdangerous branch a retrospective and prospective of the European Court of Justice in the arena of political integration
188
Prospective
207
Introduction the reformation of European constitutionalism
221
The geology of European constitutionalism
224
manifestations and rationale
230
Further reading
234
To be a European citizen Eros and civilization
324
dilemmas and contradictions
325
The affective crisis of European citizenship
329
the official breadandcircus vision
332
Towards the reconstruction of a European ethos
336
three views of multiple demoi
344
the second imperative
348
Enhancing transnational democracy
349
Further reading
356
Index
358
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