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European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike

The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike

The notion of a European constitution has previously received unfavourable reactions within the European Union with controversy surrounding its political and legal implications. Criticism has largely revolved around the threat of an emerging European federal state. More recently, however, constitution-building has become a major point of debate among members of the European Community as the drafting of a European constitution becomes more imminent. European Constitutionalism Beyond the State brings together some of the most innovative scholars in the field to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and constitutionalism, the book delineates alternative ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including students and practitioners of law, politics and philosophy

Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While European Community law is no nirvana, it has contributed to our world-view both as a substantive demonstration of one developmental path and as the instrument of reformation of our perceptions of international law. It is time to rec- ognize that European Community law is not a different species of law, but is a mutation of the same species.

Author in the article tries to analyse different elements of document called European Constitution. Analysis is supported with theoretical framework of federalism, presented by Brezovšek. Authors is playing with idea of (con)federal and international organization elements of European Constitution and their mix. They are also trying to set some connections between so called common European identity as necessary condition to give legitimacy to the European Constitution. This became important question after "votes of non-confidence" to the European Constitution in France, despite it should be addressed already before. However, European Constitution is important document on the path of European integration and lack of support to it will slow down this process of widening and deepening European ties.

The regulatory character of law corresponds with its perpetuity. Its aim is to establish an order for pursuing determined political finalities. The abstractness of norms ensures equality of law application and makes it an instrument of impact on state and society. The establishment of the normative order is regularly based on the idea to keep it up for a certain time period, even perpetually. Order and perpetuity are linked together. Keywords: political finalities, normative order, political perspectives.