Wow! eBook
The History of European Union Law: Constitutional Practice, 1950 to 1993
Author(s): Bill Davies (Editor), Morten Rasmussen
- Publisher: Cambridge University Press
- Publication Date: April 9, 2026
- Language: English
- Print length: 364 pages
- ISBN-10: 1009673920
- ISBN-13: 9781009673921
Book Description
This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992). The struggle and eventual stalemate over the constitutional practice traced in this book accounts for the fragile and partial system of rule of law that exists in the EU today.
Editorial Reviews
Book Description
This book explores the struggle over European Constitutionalism in the formative history of EU law from 1950 to 1993.
About the Author
Bill Davies is Associate Professor at the Department of Justice, Law & Criminology, American University and a leading expert on the legal history of European integration. He is the author of Resisting the European Court of Justice (2012) editor of EU Law Stories (2017) and has also published on American legal history: Timothy B. Dyk: The Education of a Federal Judge (2022).
Morten Rasmussen is Associate Professor at the SAXO Institute, University of Copenhagen and a leading expert on the legal histories of European integration and the League of Nations. He has published numerous articles and book chapters on these topics and is co-editor of The Cambridge Handbook of the League of Nations and International law (forthcoming 2026).
