4 ms·

i think the plain definition of the word "constitution" ie laws which govern powers and obligations, is entirely appropriate in this context the laws which con

i think the plain definition of the word "constitution" ie laws which govern powers and obligations, is entirely appropriate in this context the laws which construct and constrain the european union ie the treaties of member states can be appropriately called a constitution just because there is not one document called "THE CONSTITUTION" doesn't mean one does not exist the ecj is a constitutional court because it does judicial review of eu law and can strike down laws that break the treaty ie that are unconstitutional

zauguin 4y ago
The problem with using "constitution" in this way is that EU laws do also have to conform to the national constitutions, so in every individual state of the EU the statement that some EU law is unconstitutional already has a well defined meaning which is significantly different from the intended meaning.
- LordDragonfang 4y ago
  Most US states have individual constitutions as well, but that doesn't pose a problem for discussing constitutionality for the US as a whole.
  - shkkmo 4y ago
    Headlines can be ambigous in the US and you sometimea have to read the article to see whether a law or activity was found unconstutional under federal or state law.
- bpfrh 4y ago
  That is not true, there have been cases where the national constitution had to be amended to follow the EU law. An Example is the german law which did not allow women to join the millitary till 2000. After that, they had to change the constitution because it does not comply with the EU law about the same treatment of men and women: https://de.wikipedia.org/wiki/Artikel_12a_des_Grundgesetzes_f%C3%BCr_die_Bundesrepublik_Deutschland https://de.wikipedia.org/wiki/Artikel_12a_des_Grundgesetzes_... A country can only ignore EU law on the following grounds: - It reduces a right set in the national constitution - It goes against a right set in the national constitution(not if grants more rights or makes rights wider) - It does not fall in the competency of the EU https://fachinfos.parlament.gv.at/politikfelder/parlament-und-demokratie/der-anwendungsvorrang-des-unionsrechts-vor-nationalem-recht-wie-entscheiden-verfassungsgerichte-in-deutschland-und-oesterreich-dazu/ https://fachinfos.parlament.gv.at/politikfelder/parlament-un... That article talks about austria and germany specifically, but it should apply to other countries as well.
_8j50 4y ago
Yup, it just means what the entity constitutes of as defined by some formal terms.

zauguin 4y ago

The problem with using "constitution" in this way is that EU laws do also have to conform to the national constitutions, so in every individual state of the EU the statement that some EU law is unconstitutional already has a well defined meaning which is significantly different from the intended meaning.

LordDragonfang 4y ago
Most US states have individual constitutions as well, but that doesn't pose a problem for discussing constitutionality for the US as a whole.
- shkkmo 4y ago
  Headlines can be ambigous in the US and you sometimea have to read the article to see whether a law or activity was found unconstutional under federal or state law.
bpfrh 4y ago
That is not true, there have been cases where the national constitution had to be amended to follow the EU law. An Example is the german law which did not allow women to join the millitary till 2000. After that, they had to change the constitution because it does not comply with the EU law about the same treatment of men and women: https://de.wikipedia.org/wiki/Artikel_12a_des_Grundgesetzes_f%C3%BCr_die_Bundesrepublik_Deutschland https://de.wikipedia.org/wiki/Artikel_12a_des_Grundgesetzes_... A country can only ignore EU law on the following grounds: - It reduces a right set in the national constitution - It goes against a right set in the national constitution(not if grants more rights or makes rights wider) - It does not fall in the competency of the EU https://fachinfos.parlament.gv.at/politikfelder/parlament-und-demokratie/der-anwendungsvorrang-des-unionsrechts-vor-nationalem-recht-wie-entscheiden-verfassungsgerichte-in-deutschland-und-oesterreich-dazu/ https://fachinfos.parlament.gv.at/politikfelder/parlament-un... That article talks about austria and germany specifically, but it should apply to other countries as well.

_8j50 4y ago

Yup, it just means what the entity constitutes of as defined by some formal terms.