Constitutional orders constitute political communities - and
international orders deriving from them - by managing conflicts
that threaten peace. This book explores how a European political
community can be advanced through EU constitutional law. The
constitutional role of the Union is to ensure peace by addressing
two types of conflict. The first are static conflicts of interests
between the national polities in the EU. These are avoided by
ensuring reciprocal non-interference between Member States in the
Union through deregulation in Union law. The second are dynamic
conflicts of ideas about positive liberty held by the peoples of
Europe. These can be resolved through regulation in a European
political space. Here, EU law enables a continuous process of
re-negotiating a shared European idea of positive liberty that can
be accepted as its own by each national polity in the EU. These
solutions to the two types of conflicts correspond to the liberal
and republican models for Europe. The claim of this book is that
the constitutional design of Europe presents both liberal and
republican features. Taking an innovative approach, which draws on
arguments from substantive law, constitutional theory, case law
analysis, insights from psychology and philosophy, it identifies
how best to strengthen the Union through constitutional law.
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