
@article{ref1,
title="Constitutionalism Without Constitution: Transnational Elites Between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s−1960s)",
journal="Law and social inquiry",
year="2007",
author="Cohen, Antonin",
volume="32",
number="1",
pages="109-135",
abstract="By exploring how early political investments in favor of a European Constitution have been turned into a legal enterprise to constitutionalize the European treaties, this article analyzes the changing role of legal elites in the genesis of a European transnational order. At first, legal activities of constitution-making were closely linked to military issues and political mobilizations; later, the legal work of constitutionalization took a different path as a result of the process of differentiation of the European field of power and of the internal and contradictory logics of a newly created legal institution, the European Court of Justice (ECJ). By reconstructing the constitutionalization process, this article highlights the various types of elites then competing for the early definition of a European transnational order and, in particular, the capitals and representations of legal agents in the making of a Constitution for Europe.<p />",
language="",
issn="0897-6546",
doi="10.1111/j.1747-4469.2007.00052.x",
url="http://dx.doi.org/10.1111/j.1747-4469.2007.00052.x"
}