“AVRUPA BİRLİĞİ ANAYASASI” VE DÜŞÜNDÜRDÜKLERİ: SİYASÎ ENTEGRASYON TEMELLİ BİR KAVRAMLAŞTIRMA DENEMESİ

Abstract

Constitutions are fundamental documents having political, as well as legal functions. In this respect, one of the most prominent functions of constitutions is their (political) integrative function. As such, constitutions help to develop an overarching identity that would remain above the plurality of opinions and interests that exist within a society and develop a communal spirit and a collective identity which, in return, would develop a minimum social cohesion that is required to maintain a functioning social order. Modern constitutions, being products of the nation-state era, have thus far delivered such function at the national level. The biggest exception to this rule is the “Constitution of the European Union”, being an initiative at the supranational level. In this study, the emergence and the failure of such initiative is examined, followed by an explanation of the underlying dynamics with reference to the integrative function of constitutions. The article concludes with the prediction that, under the continuing pressure coming from several crisis at the subnational, national and supranational levels, integrative function of the constitutions will remain its place at the top of the agenda in all those respective domains.

Keywords

• constitution of the eu
• laeken declaration
• convention
• political functions of constitutions
• political integration