Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...

This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these difficulties simply reinforce the need for thinking about the EU's...

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject of sustained challenge. This is due to the development in regional and global sites of regulatory institutions and practices which meet criteria normally associated with...

This paper looks at the way in which the legal theory of the EU has evolved over the last half century. A major theme is the ongoing tension between continuity and change – between EU legal theory as continuous with national legal theory and EU legal theory as something new and sui generis....

Constitutional pluralism divides opinion. What makes it attractive to some in a globally connected world also accounts for the scepticism of others. Its allure lies in its ambition to square two ideas – ‘constitutionalism’ and ‘pluralism’ - typically understood as incompatible....

This paper considers the dynamics of migration of constitutional ideas in the context of the gradually "constitutionalizing" EU, and in particular the advent of a first documentary Constitution shape new (and as yet unratified) Constitutional Treaty 2004. normal, profound, complexities tracking...

This paper examines the relationship between constitutionalism and New Methods of Governance (NMG) in the EU. It argues that in many respects the relationship is one which tends to challenge, marginalise or misrepresent NMG. In particular, those state-derivative aspects of constitutionalism in...

This essay revisits the theory of constitutional pluralism. This theory was first developed in the EU context as a way of understanding and defending the absence of a broadly agreed source of final authority in the relationship between national and supranational (EU) legal systems and their...