Constitutionalism without Constitution. Transnational Elites between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s-1960s) - Archive ouverte HAL
Article Dans Une Revue Law and Social Inquiry Année : 2007

Constitutionalism without Constitution. Transnational Elites between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s-1960s)

Résumé

By exploring how early political investments in favor of a European Constitution have been turned into a legal enterprise to constitutionalize the European treaties, this article analyzes the changing role of legal elites in the genesis of a European transnational order. At first, legal activities Of constitution-making were closely linked to military issues and political mobilizations; later, the legal work of constitutionalization took a different path as a result of the process of differentiation of the European field of power and of the internal and contradictory logics of a newly created legal institution, the European Court of Justice (ECJ). By reconstructing the constitutionalization process, this article highlights the various types of elites then competing for the early definition of a European transnational order and, in particular, the capitals and representations of legal agents in the making of a Constitution for Europe.

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Dates et versions

halshs-00275869 , version 1 (25-04-2008)

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Citer

Antonin Cohen. Constitutionalism without Constitution. Transnational Elites between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s-1960s). Law and Social Inquiry, 2007, 32 (1), pp.109-135. ⟨10.1111/j.1747-4469.2007.00052.x⟩. ⟨halshs-00275869⟩
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