Jean Monnet Center at NYU School of Law




Author: Neil Walker

Title: Reconstituting European Integration in Theory and Practice: A comment on Antje Wiener


This paper comments on Antje Wiener's analysis from the perspective of International Relations theory of the present state of European integration theory and practice. Wiener emphasizes the importance of the post-Maastricht "late politicization" phase, and argues that, while this phase places constitutionalism at the centre of the agenda, we should take for granted neither the centrality of dogmatic approaches within constitutional law to current developments nor the inevitability and desirability of the adoption of a written Constitution on the basis of the present Convention on the Future of Europe. Utilizing an intersubjective approach which stresses the dual quality of norms as both enabling and constraining, she cautions against placing too much faith in the capacity of a constitutional process to resonate adequately with the diversity of deep socio-cultural formations across Europe. The present paper acknowledges the strength of many of Wiener's arguments and the need for their fuller recognition within the legal academic community. It argues, however, that her theoretical approach does not necessarily rule out the adoption of a written Constitution for the European Union

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