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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Postconstitutional Treaty †

Postconstitutional Treaty †

(p.443) 33 Postconstitutional Treaty
Comparative Law as Transnational Law

Alexander Somek

Oxford University Press

This chapter discusses the legitimacy deficits that were exposed by the failure to ratify a European constitution, in 2005, and the elite-driven project to resurrect the salvageable parts of that agenda through the less-ambitious Lisbon Reform Treaty. The result is an ambiguous “postconstitutional ordering [that] is a mixture of the absence of” international law and constitutional law.

Keywords:   European constitution, international law, constitutional law, Lisbon Reform Treaty

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