ELI Fundamental Constitutional Principles

Background

The purpose of this project was to identify and articulate the fundamental constitutional principles which form the foundations of a European liberal democratic State. It was assumed that such a State is based on majority rule but is constrained by the obligation to respect the rule of law, including fundamental human rights. The project covered the following principles, among others: democracy; the rule of law; the separation of powers; the right to judicial protection, including judicial independence and judicial control (eg judicial review); accountability, including ministerial responsibility; fundamental rights as a component of the liberal democratic state.

The principles proposed operate at a level of abstraction, which is inherent in their nature as fundamental constitutional principles. It is also necessitated by the nature of the study, which is intended to have pan-European appeal.

Aim

The aim of this project was to formulate fundamental constitutional principles, identify their content, and provide guidance to public authorities, the courts, and citizens. The project sought to outline the basic tenets of the rule of law as understood in European liberal democracies as well as standards to be observed by those countries.

Outcome

The outcome of the project is a Charter of principles that seek to encapsulate contemporary European constitutionalism. It has a practical value in that it will serve as a reminder of constitutional fundamentals and governance ethos. It also attempts to provide a value framework within which to assess contemporary pan-European concerns, such as constraints to decision-making at times of emergency, threats posed to democracy by internet platforms and fake news; data protection and privacy; and the desirability of applying constitutional standards, such as fundamental rights, to private actors.