Jonah Patel
In his short book, 'Who's Afraid of a European Constitution?', Neil MacCormick, a legal philosopher and academic, presents an authoritative argument for adopting the proposed Constitution for the European Union. MacCormick, who was involved in the preparation and drafting of the constitution, discusses its nature and purpose, addressing debated questions such as the enhancement of democracy in the EU, the potential emergence of a superstate, and the protection of human rights. As a philosopher of law and long-term student of legal and political theory, MacCormick offers a unique perspective on the constitutional possibilities within Europe, advocating for a confederal vision. The book aims to present serious ideas in a concise, accessible, and approachable manner, contributing to the discussion on the future of Europe.
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What You'll Learn
Democracy in the EU
In his book, *Who's Afraid of a European Constitution?*, Sir Neil MacCormick, a former MEP and member of the Convention on the Future of Europe, discusses the nature and purpose of the European Constitution. MacCormick argues that the European Union is not democratic enough and that the proposed constitution is an attempt to fix this.
MacCormick's book is a manifesto for the draft constitution, appealing particularly to eurosceptic voters. He writes in defence of the constitution, arguing that it is not something to be feared and does not warrant the weight of the objections that have been levelled against it. MacCormick's view is that the EU requires a constitution to replace the current treaties that define and empower the Union and its institutions, while sustaining continuity with past developments.
MacCormick addresses several debated questions in his book, including whether the constitution promises any enhancement of democracy in the EU, whether it implies the EU is becoming a superstate, and whether it will strengthen the principle of subsidiarity and the protection of human rights. As a philosopher of law and long-term student of problems in legal and political theory, MacCormick's arguments are informed by his academic expertise and his experience in European politics.
MacCormick's views on the European Constitution are shaped by his belief in the need for ''internal enlargement' and his 'confederal' rather than federal vision of Europe. He advocates for a European Parliament that allows for the representation of stateless nations and the preservation of their sovereignty. MacCormick's contributions to the drafting of the constitution and his subsequent book are a reflection of his deep engagement with European politics and his desire to enhance democracy within the EU.
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The EU as a superstate
In his book, *Who's Afraid of a European Constitution?,* Neil MacCormick discusses the nature and purpose of the European Constitution, explaining how it was drafted and addressing several debated questions. MacCormick, a philosopher of law and student of legal and political theory, was involved in the preparation of the constitution as a member of the Convention on the Future of Europe.
One of the questions he tackles is whether the European Constitution implies that the EU is becoming a superstate. MacCormick does not believe that the EU Constitution carries the weight of the objections that its opponents have put on it. He argues that the EU Constitution is not a direct threat to Edinburgh and Westminster legislatures, nor does it pave the way for a federal superstate.
MacCormick's views on the EU as a superstate are aligned with his confederal (rather than federal) vision of Europe. He advocates for internal enlargement and believes in the constitutional possibilities within Europe for stateless nations. MacCormick also highlights the need to fix the democratic deficit in the European Union, arguing that the proposed constitution aims to enhance democracy in the EU.
MacCormick's book provides an authoritative and accessible perspective on the European Constitution, offering insights into the drafting process and addressing concerns about the EU's evolution as a political entity, including the debate around its potential transformation into a superstate.
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Subsidiarity and human rights
In his book, *Who's Afraid of a European Constitution?, Neil MacCormick discusses the nature and purpose of the European Constitution, explaining how it was drafted and tackling several debated questions. MacCormick, a philosopher of law and student of legal and political theory, was involved in the preparation of the constitution as a member of the Convention on the Future of Europe.
One of the questions he addresses is whether the European Constitution will strengthen the principle of subsidiarity and the protection of human rights. MacCormick argues that the European Union is not democratic enough and requires a constitution to fix this deficit.
Subsidiarity is a principle of governance that holds that matters ought to be handled by the smallest, lowest, or least centralised competent authority. It is the idea that a central authority should only perform those tasks which cannot be performed at a more immediate or local level. This is intended to protect the freedom of individuals and smaller communities by limiting the power of central authority while still allowing for the benefits of a centralised decision-making body.
Human rights, on the other hand, refer to the fundamental rights and freedoms that all people are entitled to, regardless of nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status. These rights are based on shared values such as dignity, equality, fairness, respect, and independence. They include civil and political rights, such as the right to life, liberty, and freedom of thought and expression, as well as social and cultural rights, such as the right to work, education, and participation in cultural life.
MacCormick argues that a constitution for Europe would enhance democracy in the EU and strengthen the principle of subsidiarity and the protection of human rights. He believes that a constitution can address the democratic deficit in the EU and provide a more effective framework for protecting the rights and freedoms of its citizens.
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Law and political theory
In his book, 'Who's Afraid of a European Constitution?', Neil MacCormick, a philosopher of law and long-term student of problems in legal and political theory, presents a manifesto for the draft constitution, appealing to the eurosceptic voter.
MacCormick, a member of the Convention on the Future of Europe from 2002-2003, discusses the nature and purpose of the European Constitution, explaining how it was drafted. He addresses several debated questions, including whether the proposed constitution promises any enhancement of democracy in the EU, whether it implies the EU is becoming a superstate, and whether it will strengthen the principle of subsidiarity and the protection of human rights. MacCormick argues that the EU is not democratic enough and that the proposed constitution is a way to fix this.
MacCormick's academic work is informed by his personal background. Born in 1941 into a highly political family, deeply engaged in the Scottish national movement, he grew up in the aftermath of World War II. He gradually became aware of a political world beyond Scotland and the UK, and did not believe that peace, stability, and democracy would become dominant characteristics of continental Europe. MacCormick's temperament was more at home in the European Parliament than the Scottish Parliament. He spoke several European languages and established links with Continental thinkers.
MacCormick's work on Europe and its legal and political status, including his influential book 'Questioning Sovereignty: Law, State and Nation in the European Commonwealth', established him as an authoritative voice on the sui generic character of European law and the constitutional possibilities within Europe for stateless nations. He advocated for 'internal enlargement' and a confederal' rather than federal vision of Europe.
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The future of Europe
In his book, 'Who's Afraid of a European Constitution?', Sir Neil MacCormick, a former MEP and member of the Convention on the Future of Europe, presents a manifesto for the draft constitution, appealing to the eurosceptic voter. He argues that the European Union is not broken but is flawed, and its democratic deficit is a real issue that needs fixing. MacCormick, a philosopher of law and student of political theory, participated in the drafting of the constitution, aiming to make the EU more democratic and address concerns about the potential formation of a superstate.
MacCormick's work on Europe extends beyond this book. He was an authoritative voice on European law and the constitutional possibilities within Europe for stateless nations. MacCormick's advocacy of 'internal enlargement' and his confederal' vision of Europe further contributed to the understanding of Europe's political and legal landscape. His influential book, 'Questioning Sovereignty: Law, State and Nation in the European Commonwealth', published in 1999, explored Europe's legal and political status.
MacCormick's involvement in the Convention on the Future of Europe demonstrates his commitment to shaping Europe's future. As a member of the Convention, he actively participated in drafting a constitution that would replace the current treaties defining the EU while sustaining continuity with past successful developments. MacCormick's unique perspective, shaped by his Scottish heritage and engagement with Continental thinkers, enriched the debate on Europe's future.
MacCormick's stance on the European Constitution was not without opposition. During a debate organised by the English-Speaking Union Scotland and The Scotsman, he proposed welcoming the European Constitution in principle, arguing that it was not something to be feared. However, Struan Stevenson, a Conservative candidate in the European Parliament elections, disagreed, stating that a European constitution would threaten the Edinburgh and Westminster legislatures and lead to a federal superstate.
MacCormick's contributions as a member of the Legal Affairs and Internal Market Committee further showcased his dedication to Europe's future. He served as the Standing Rapporteur for Parliamentary Immunity, dealing with legal complexities and navigating political differences. MacCormick's work in this role contributed to the internal workings of the European Parliament and helped shape the future direction of Europe.
In conclusion, Neil MacCormick played a significant role in shaping the future of Europe through his involvement in drafting the European Constitution, his academic contributions, and his political engagements. His work continues to influence discussions and decisions regarding Europe's democratic principles, legal framework, and political direction.
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Frequently asked questions
The book is an authoritative text that explains the nature and purpose of the European Constitution.
The author of the book is Neil MacCormick, a Regius Professor of Public Law at Edinburgh University.
Neil MacCormick is a philosopher of law and a student of problems in legal and political theory.
The book argues in favour of adopting the proposed Constitution for the European Union.
The book discusses whether the Constitution promises any enhancement of democracy in the EU, whether it implies that the EU is becoming a superstate, and whether it will strengthen the principle of subsidiarity and the protection of human rights.
