Constitutional Change in the European Union: the Small-State/Large-State Issue from Ireland's Perspective

Author(s):  
Laffan
2018 ◽  
Vol 73 (1) ◽  
pp. 108-126 ◽  
Author(s):  
Mark Sandford ◽  
Cathy Gormley-Heenan

Abstract The UK’s decision to leave the European Union in 2016 threatens to open up a range of territorial management issues that have long remained unexplored. Since 1999, the UK’s devolution settlements have allowed divergent constitutional narratives to develop and to co-exist. This ‘constructive ambiguity’ has led UK territorial governance to take the form of ‘Schrodinger’s devolution’, where Scotland, Wales and Northern Ireland have and have not experienced fundamental constitutional change. However, the technical requirements of Brexit will mandate the need for exact decisions where ‘constructive ambiguity’ has existed up to now. The UK’s unwritten constitution, limited intergovernmental relations and a lack of shared rule mechanisms mean that these technical decisions have the potential to lead to ongoing political instability.


2012 ◽  
Vol 35 (2) ◽  
pp. 99-115 ◽  
Author(s):  
Alyson J.K. Bailes ◽  
Baldur Thorhallsson

2009 ◽  
Vol 11 ◽  
pp. 321-351
Author(s):  
Sophie Boyron

AbstractFor a long time, French constitutional law did not appear to concern itself unduly with the European Communities and the process of European integration: the French Constitution did not contain any reference to the European Communities and the Conseil constitutionnel had little involvement with international treaties and their enforcement as a result of an early decision. However, the ratification of the Maastricht Treaty in 1992 triggered a process of deep constitutional change in France. Since then, the text of the French Constitution has been repeatedly amended to respond to the quickening pace of European integration. Furthermore, the Conseil constitutionnel has totally transformed its control of the constitutionality of international treaties. An assessment of these constitutional changes seems opportune at this juncture. More specifically, an investigation into the manner in which the French constitution reacted to the changing European Union helps cast some light on the impact of European integration on national constitutions.


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