La contribución de Peter Häberle a la construcción del Derecho Constitucional Europeo
This paper analyzes the contribution of Peter Häberle to the foundation and development of European Constitutional Law. The theories of Häberle are very important - not only for European Constitutional Law - but also for Constitutional Law in a national and supranational context, taking into account...
Junta de Andalucía: Instituto Andaluz de Administración Pública
|Source:||Revista de derecho constitucional europeo, ISSN 1697-7890, Nº. 13, 2010, pags. 189-208|
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This paper analyzes the contribution of Peter Häberle to the foundation and development
of European Constitutional Law. The theories of Häberle are very important
- not only for European Constitutional Law - but also for Constitutional Law in a
national and supranational context, taking into account globalization. Specifically,
Häberle�s theories have established the basis of a new methodological approach to
constitutional matters, and this new approach will have a great impact on the way
legal researchers work in the future.
«Comparative Law» as the fifth interpretation method in juridical sciences, the idea
of a «gradual evolution» of constitutional texts, and the consideration of current constitutions as a «partial constitution» in the European framework are very useful for
understanding the structure of Constitutional Law of the twenty-first century. The
idea of partial constitutions and the relationship between the different constitutional
levels play a significant role in European Law. Through those ideas, Häberle has
contributed to a new comprehension of the concept of autonomy in the European
Legal order (an autonomy which has been previously maximized to a point of almost
complete isolation). Accordingly to Häberle, there is always an open process
of interaction among the different legal orders in the European space, and this process
produces new developments at each level.
The concept of European Constitutional Common Law was a pioneer that introduced
the idea of Member States� influence on the European level. Today we can say that
European Constitutional Common Law is a part of the European Constitutional Law.
European Constitutional Law can be understood in two ways: firstly in a strict sense
in which only the Constitutional Law of the EU is considered (whatever the source
be, including European Constitutional Common Law when incorporated into the EU
level) and secondly in a broad sense in which European Constitutional Law means
Constitutional Law in the different spaces in Europe (EU, Member States and Länder,
regions or autonomous communities).
Häberle�s approach poses new methodological requirements for European Constitutional
Law at its different levels. One of these requirements is that at the Member
State level we cannot explain Constitutional Law as a national and closed system
anymore. As a second requirement it is necessary that we continue to study the EU
from a constitutional point of view, although that level is not yet completely developed.
And the final requirement is that we must focus on the relationship between
both levels, because European Constitutional Law is a dynamic discipline in which
dialectic plays a special role.