Constitutional Time and the rule of law

This paper argues that the notion of constitutional time is crucial to a critical analysis of the relationship between the rule of law and democracy in the EU. Competing conceptions of constitutionalism beyond the State are analysed here through the lens of different configurations of time. In fact, as observed by Waldron, the rule of law in itself is inevitably a contested concept and many of its weaknesses resurface in any study of the rule of law beyond the State. It is by assessing the weight that the main approaches confer upon the iterative quality of democracy that it is possible to identify the limits, contradictions and ambitious promises of any effort to transpose the rule of law beyond its State-sovereigntist confines.