This chapter pursues that idea in three parts. Part I reviews the key contributions of The Transformation of Europe. Part II takes us back for a critical analysis of the idea of ‘constitutionalism’ as first developed by Eric Stein and then deployed by Joseph Weiler. On closer inspection, we shall see here that The Transformation of Europe may have neglected a core element of constitutional law, something this chapter terms a ‘generative space’ for law and politics. As this part further explains, recognising this generative element of constitutionalism lies at the heart of the struggle to make sense both practically and conceptually of European integration to this day. Part III then briefly outlines an emerging response to this challenge, and relates this response more broadly to the transformation of constitutional law.
Publication Information & Recommended Citation
Halberstam, Daniel. "Joseph Weiler, Eric Stein, and the Transformation of Constitutional Law." In The Transformation of Europe: Twenty-Five Years On, edited by Miguel Poiares Maduro and Marlene Wind, 219-233. Cambridge: Cambridge University Press, 2017. DOI: https://doi.org/10.1017/9781316662465.011