I have been following the EU’s Conference on the Future of Europe, particularly its democracy chapter which has helped shape some thoughts. I was interested to note that the US’ route to a federal republic seemed to be a harbinger for the EU’s journey. I wrote, Subsidiarity, representation and human rights, which frankly got blown of course and became a review of Prof. Mark Stoler’s lecture on the US constitution. I had drawn inspiration from the original US restriction on direct taxation and the 10th amendment which defines the powers of the federal government and those of the States, although the 10th amendment also purports to constrain the States power by defining a right of subsidiarity to the people.
This article looks at the flawed route taken by the US Constitution and foresees with hope the EU’s [and the UK’s] adoption of new rules and rights. …