永不休止的欧洲宪法

10月29号,欧盟的首脑们将聚集在罗马,签署一部新的欧州宪法条约。毫无疑问,到时会有很多对文件独特性的赞美。这倒不是吹牛,因为欧洲宪法的确不同于任何其它宪法。

大多数宪法,包括美国宪法,都渴望"凝固历史",或建立一个最终的能抵抗变化的法律文本。事实上,宪法的本义就是试图"控制"历史,让历史跟随人类制定的法律而不是它自己的逻辑,包括不受欢迎的偶然性以及命里的一时冲动。

但与之相反,欧洲宪法却被大家心照不宣地认定为是一部暂时性的宪法。它远远称不上完美,如果允许的话,它现在就需要作改动。但是今天欧洲的政治现状不允许签约国真正想要的宪法存在,所以他们起草的宪法被定位为是一部反映进化过程、促进未来发展的法律。社会的进步将--希望如此--在某一天忘掉目前这部行将签署的欧洲宪法。

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