European Constitutionalism the Other Way Round: From the Periphery to the Centre

doi:10.1017/9781009604093

The key argument of the volume is that post-1989 transformation deeply affected states and societies on both sides of the former Iron Curtain and was mutually constitutive. While post-communist Europe had to re-invent itself to be 'admitted' to the EU, the old member states and the EU changed too – less visibly, but no less profoundly. This volume examines these transformations from a new perspective, defined by scholars from post-communist Europe, who set the agenda of the volume in a series of workshops. Their colleagues from the 'West' were invited to reflect on the experience of their countries in the light of the questions and concerns defined in those workshops. The authors include scholars from a variety of backgrounds: established and young, coming from all parts of the continent and having different views on the politics of European integration. This title is also available as open access on Cambridge Core.

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Contents

European Constitutionalism the Other Way Round
pp i-ii
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European Constitutionalism the Other Way Round - Title page
pp iii-iii
From the Periphery to the Centre
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Contributors
pp ix-x
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Acknowledgements
pp xi-xii
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1 - Imagining Statehood and Constitutionalism in Europe
pp 1-38
Introduction
- By Jan Komárek, Birgit Aasa, Marina Bán, Michał Krajewski
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Part I - Nation States, Member States and Their Others
pp 39-190
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2 - Vicarious Sovereignty
pp 41-60
Becoming European the Estonian Way
- By Maria Mälksoo
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3 - From Federation to External Constraint
pp 61-82
Europe in the Italian Constitutional Imagination
- By Marco Goldoni
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4 - Sovereignty and the Misery of Small Eastern European Nations
pp 83-109
- By Hent Kalmo
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5 - Ruling Britannia
pp 110-130
- By Martin Loughlin
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6 - The Power of Concepts
pp 131-143
From ‘Self-Management’ to ‘Sovereignty’ in Soviet Estonia (1987–1988)
- By Juhan Saharov
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7 - European Integration
pp 144-170
Ineffable Aspiration or the Object of Concern? About the Ambiguity of Europe in the Polish Constitutional Imaginary
- By Aleksandra Kustra-Rogatka
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8 - The Constitutionalised Image of Enemy in the Hungarian Fundamental Law
pp 171-190
- By Attila Antal
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Part II - Bringing Back the Past (to Serve or Understand the Present?)
pp 191-294
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9 - Political Integration through Constitutional Memory?
pp 193-207
Historical Constitution and Community Building in Hungary
- By Kálmán Pócza
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10 - The Constitutional Concept of the Historical Constitution and Illiberalism
pp 208-225
The Case of Hungary
- By Tímea Drinóczi
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11 - Estonians’ European Imaginaries
pp 226-249
The Soviet and Pre-Soviet Legacy
- By Epp Annus
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12 - Czechoslovakia
pp 250-265
Remembering and Forgetting the Failures of a State
- By Mary Heimann
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13 - A Constitution without Qualities?
pp 266-294
Three Narratives about Austrian Constitutional Law
- By Ulrich Wagrandl
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Part III - The Varieties of Liberalism in Europe
pp 295-456
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14 - Rule of What Law?
pp 297-328
Authoritarian Pasts, Liberal Politics and Constitutional Imagination in Early Post-Communist East Central Europe
- By Michal Kopeček
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15 - From the Façade to Solid Foundation?
pp 329-356
The Evolution of the Polish Constitutional Law Discourse in 1944–1989
- By Wojciech Zomerski
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16 - Nordic Democratic Exceptionality after the End of History
pp 357-371
A Neoliberalized Constitutional Imaginary?
- By Johan Strang
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17 - Fifty Years of Democratic Constitutionalism in Portugal
pp 372-389
Between Constitutional Aspirations and the European Path
- By Mariana Canotilho
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18 - Constitutional Drift
pp 390-408
Exploring the Deeper Roots of Polish Constitutional Crisis
- By Karol Muszyński, Paweł Skuczyński
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19 - On the French Constitutional Imaginary
pp 409-428
The Erosion of the Long-standing Republican Tradition
- By François-Xavier Millet
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20 - From Legal Impossibilism to the Rule of Law Crisis
pp 429-456
Transitional Justice and Polish Counter-Constitutionalism
- By Michał Krotoszyński
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Index
pp 457-468
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European Constitutionalism the Other Way Round

From the Periphery to the Centre

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