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András Jakab, European Constitutional Language

András Jakab, European Constitutional Language Book Reviews (Cambridge University Press, 2016)† Reviewed by Damian Chalmers* The European constitutional idea sits at something of a juncture. There are signs of germination. National constitutional courts regularly refer to the judgments of other constitutional courts—if not as precedents, then certainly as authorities. The European Court of Human Rights has produced a fair number of significant funda- mental rights judgments each year for some time. It has been joined in the last few years by the European Court of Justice (ECJ) as the European Union has moved into the more sensitive fields of immi- gration, asylum, antiterrorism, child custody, and data protection, and the ECJ has had to respond to pressing fundamental rights con- cerns in all these arenas. Interparliamentary cooperation has pro- liferated and the extensive European administrative networks have generated their own norms of governance and demands for stronger constitutional checks. However, the European constitutional idea was rejected in a very powerful way with the rejection of the Constitutional Treaty by Dutch and French voters in 2005. Since then, constitutional lan- guage has largely been eschewed by the European Union. The subse- quent Lisbon Treaty was identified as a reform treaty dedicated only to institutional improvement, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

András Jakab, European Constitutional Language

Chalmers, Damian
American Journal of Comparative Law , Volume 65 (2) – Jun 1, 2017
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Publisher
Oxford University Press
Copyright
© The Author [2017]. Published by Oxford University Press on behalf of the American Society of Comparative Law. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/avx031
Publisher site
See Article on Publisher Site

Abstract

Book Reviews (Cambridge University Press, 2016)† Reviewed by Damian Chalmers* The European constitutional idea sits at something of a juncture. There are signs of germination. National constitutional courts regularly refer to the judgments of other constitutional courts—if not as precedents, then certainly as authorities. The European Court of Human Rights has produced a fair number of significant funda- mental rights judgments each year for some time. It has been joined in the last few years by the European Court of Justice (ECJ) as the European Union has moved into the more sensitive fields of immi- gration, asylum, antiterrorism, child custody, and data protection, and the ECJ has had to respond to pressing fundamental rights con- cerns in all these arenas. Interparliamentary cooperation has pro- liferated and the extensive European administrative networks have generated their own norms of governance and demands for stronger constitutional checks. However, the European constitutional idea was rejected in a very powerful way with the rejection of the Constitutional Treaty by Dutch and French voters in 2005. Since then, constitutional lan- guage has largely been eschewed by the European Union. The subse- quent Lisbon Treaty was identified as a reform treaty dedicated only to institutional improvement,

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jun 1, 2017

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