Book contents
- Frontmatter
- Contents
- Notes on contributors
- Introduction: European constitutionalism beyond the state
- Part I
- Part II
- 2 Postnational constitutionalism and the problem of translation
- 3 The unfinished constitution of the European Union: principles, processes and culture
- 4 Europe and the constitution: what if this is as good as it gets?
- 5 The European Union as a polycentric polity: returning to a neo-medieval Europe?
- Part III
- Epilogue: europe and the dream of reason
- Index
2 - Postnational constitutionalism and the problem of translation
Published online by Cambridge University Press: 26 June 2009
- Frontmatter
- Contents
- Notes on contributors
- Introduction: European constitutionalism beyond the state
- Part I
- Part II
- 2 Postnational constitutionalism and the problem of translation
- 3 The unfinished constitution of the European Union: principles, processes and culture
- 4 Europe and the constitution: what if this is as good as it gets?
- 5 The European Union as a polycentric polity: returning to a neo-medieval Europe?
- Part III
- Epilogue: europe and the dream of reason
- Index
Summary
A few years ago Joseph Weiler spoke of the deep-seated ‘problems of translation’ of the core normative concepts of constitutionalism from the state to the European Union setting, and by inference to other settings beyond the state. As we shall see in due course, the problems of translation are profound indeed, but before we can begin to address them we must pose a prior question. Is it at all legitimate even to attempt to translate the language and normative concerns of constitutionalism from the state to the non-state domain? If it is not, there is no problem that merits, still less requires, our attention. Let us begin, then, with that prior question before proceeding to a substantive examination of issues of constitutional translation. Throughout the discussion the main focus is on the European Union as the most developed site of postnational constitutionalism, but it will hopefully become apparent that the arguments brought forward also apply to non-state sites of ‘constitutional’ discourse more generally.
Why translation is a problem worth addressing
Talking about constitutional talk
In the diplomatic world of national or transnational ethnic conflict resolution, we have become increasingly familiar with the vocabulary of ‘talks about talks’. In South Africa, in the former Yugoslavia, in Israel, in Northern Ireland and in many other places, the development of terms of reference on which polarized parties can agree to engage in substantive talks is increasingly identified – even institutionalized – as a necessary initial stage in addressing the resolution of conflict.
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- European Constitutionalism beyond the State , pp. 27 - 54Publisher: Cambridge University PressPrint publication year: 2003
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