National Identity and Supranational Integration
Room 104, Level 1
185 Pelham Street
How good is constitutional law in settling supranational conflicts? The ambiguous European experience offers insight into its strengths and limitations. While the EU has seen decades of peace and prosperity, it is afflicted also by concerns about loss of identity and bureaucratic domination. EU-critics have become remarkably successful and the Exit-option seems to be more real than ever. How and why has this happened? Many explanations are possible, of which this seminar focuses on one: the synergies of constitutional law.
There are many provisions in EU law that aim to delineate powers and ensure their smooth operation. They are built around the arresting concept of National Identity. The European bodies must respect it, says Article 4 Treaty-EU. Domestic courts have said the same for a long time, too. This strategy has not worked as well as it might, however. The aim of the seminar is both to explain the weakness of notions such as 'identity' and to suggest how to deploy them more effectively. Drawing on the European experience, I will also suggest some more general conclusions for managing the conflicts of a constitutional kind between multi-level courts.
Dr Michael Goldhammer, Academic Visitor at the Centre for Comparative Constitutional Studies and Constitution Transformation Network
Dr Michael Goldhammer
Academic Visitor at the Centre for Comparative Constitutional Studies and Constitution Transformation Network
University of Bayreuth, Germany
Dr Michael Goldhammer is Academic Visitor at the Centre for Comparative Constitutional Studies and Constitution Transformation Network, where he is working on a project in comparative administrative law. He recently completed postdoctoral studies at the University of Bayreuth in Germany, on the subject of Open Future and Governmental Decisions. From October 2018, he will hold a temporary Professorship for Public Law in Berlin. He received a LL.M. from Michigan Law and a Dr. jur. for a treatise on Foundations of Intellectual Property as Constitutional Property. Michael Goldhammer has taught and published widely in the areas of administrative and constitutional law and their theoretical foundations. He has a special focus on the legal framework for national security, federalism, the comparison of constitutional and administrative designs, property rights and economic power, and the methodological interface of law and science.