Failure of the Constitutional Treaty in a Comparative Perspective: Article by Cheryl Saunders

Professor Cheryl Saunders of the Melbourne Law School has written a really interesting article on the failure of the Constitutional Treaty from a comparative perspective. Although the Reform Treaty has taken over, the article remains topical and of considerable interest.

Here is what the abstract states :

The failure of any constitution-making process is deeply disappointing for some and a source of satisfaction for others. The satisfaction of the latter may be short, or at least not long, lived, however, if it subsequently turns out that the changes were necessary, or even demonstrably useful. Initial failure in a constitutional project is relatively common, for reasons that range from the difficulty of the process to the novelty and perceived significance of the issues at stake. Experience suggests, however, that, at least where the rationale for the constitutional proposals was sufficiently soundly based, failure may not be the end of the story. It follows that it makes sense to take stock after such an event: to identify what is lost, that was of value; to determine what, if anything, might be improved, if another constitutional moment presents itself; and to consider whether constitutionalisation should be attempted again, or whether other mechanisms can be used instead.

You can download it from the SSRN site here.

Really, this article must be read by all with an interest is comparative constitutional law and the evolution of the EC.

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