Open AccessConstitutional subject and its identity
Author(s) -
Dimitry Gegenava,
Bernhard Schlink,
Bernhard Schlink
Publication year - 2021
Language(s) - English
DOI - 10.52340/jo.2022.03.37
Subject(s) - constitution , subject (documents) , state (computer science) , political science , law , german , identity (music) , constitutional law , history , physics , archaeology , algorithm , library science , computer science , acoustics
The German experience of the Constitution and, moreover, of the nation's pre-eminent state echoes not only the experience of European states but also of Europe itself. Today, Europe, as long as it shares history and cultural heritage, has neither a nation nor a constitution. The EU is an institutional entity, with a powerful executive and a strong judiciary. It gives Europeans most of what the state gives them: freedom of movement and freedom of business without borders and customs, legal protection, and also, a common currency. Through regulations, directives and its own court decisions, it affects all aspects of European life. If one day the EU were to adopt a constitution and become a nation-state, it would grow into state-like forms that have evolved since 1957 and continue to evolve to this day. The constitutional subject will be the people, in similar forms to the United States; Like Staatsvolk.