Constitutional subject and its identity

Authors

  • Dimitry Gegenava
  • Bernhard Schlink
  • Bernhard Schlink

DOI:

https://doi.org/10.52340/jo.2022.03.37

Abstract

The German experience of the Constitution and, moreover, of the nation's pre-eminent state echoes not only the experience of European states but also of Europe itself. Today, Europe, as long as it shares history and cultural heritage, has neither a nation nor a constitution. The EU is an institutional entity, with a powerful executive and a strong judiciary. It gives Europeans most of what the state gives them: freedom of movement and freedom of business without borders and customs, legal protection, and also, a common currency. Through regulations, directives and its own court decisions, it affects all aspects of European life. If one day the EU were to adopt a constitution and become a nation-state, it would grow into state-like forms that have evolved since 1957 and continue to evolve to this day. The constitutional subject will be the people, in similar forms to the United States; Like Staatsvolk.

Published

2021-11-18

How to Cite

Gegenava, D., Schlink, B., & Schlink, B. (2021). Constitutional subject and its identity. JOURNAL "ORBELIANI&Quot;, 1(1). https://doi.org/10.52340/jo.2022.03.37

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