Europe’s Multiple Constitutionalism Cover Image

Višestruki konstitucionalizmi u Evropi
Europe’s Multiple Constitutionalism

Author(s): Nurko Pobrić
Subject(s): Politics / Political Sciences
Published by: Univerzitet u Sarajevu
Keywords: European Constitution; Europe’s constitutional process; the development of constitutionalism in Europe; the various constitutional culture; European notions of the constitution and constitutionality

Summary/Abstract: This paper discusses the main reasons for the failing of the European constitutional project. For a clearer understanding of the problems exposed in the outlines of the most important developmental pathways of constitutionalism in Europe, the development and characteristics of the English constitution, and the significance and characteristics of constitutions and constitutionalism in France are being specifically analyzed. Within the main topics of discussion, the paper gives a brief display of constitution and constitutionalism in North America, or in the United States and the impact on the constitutionality of constitutionalism in Europe. This paper gives an overview on the different conceptions of the constitution, made clear in a separate constitutional culture. Despite the failure of the European constitutional project, the paper confirms the existence of a common legal system of the European Union, which is based on international treaties, the existence of common law principles, which the Member States have accepted, as well as the existence of acts of organs of the European Union directly applied by its members. The aforesaid common principles beyond the existing framework of international agreements, having the constitutional significance, and (listed common principles) are of the acquis of the European Union. Finally, the author concludes that the constitutionalisation of Europe model to be corresponding to the English type of evolutionary constitutional order. Also (in the end) the conclusion is drawn that the constitutionalisation of the European Union’s attempt to model the Civil shown expressed distrust, and that the European integration movement in the political domain has led to seriou crisis.

  • Issue Year: LII/2011
  • Issue No: 3
  • Page Range: 79-97
  • Page Count: 19
  • Language: Bosnian