1. Joseph Weiler, The Constitution of Europe (Cambridge: Cambridge University Press, 1999), esp. ch. 1.
2. For an account of the background to the case involving Steven Thoburn— who sadly died in March 2004—see the website www.metricmartyrs.co.uk. The case of Thoburn and others was appealed at the Queen's Bench in February 2002. Lord Justice Laws's decision against Thoburn and the other appellants contains a very illuminating discussion of the current status of national and EU law; see www.metricmartyrs.co.uk/page/appealjudge.htm
3. Frederick Forsyth, “A Simple Question,” Salisbury Review 19.4 (Summer 2001): 7.
4. Satan's lines from Milton's Paradise Lost (ch. 1, lines 257–63) read as follows:
Here at least
We shall be free; th' Almighty hath not built
Here for his envy, will not drive us hence:
Here we may reign secure; and, in my choice,
To reign is worth ambition, though in Hell:
Better to reign in Hell than serve in Heaven.
5. The failure of the intergovernmental council at Nice in December 2000 to resolve successfully the future balance of power between member states provided the initial impetus for the establishment of a European Convention. For useful discussions of the rationale and organization of the European Convention, see Koen Lenaerts and Marlies Desomer, “New Models of ConstitutionMaking in Europe: The Quest for Legitimacy,” Common Market Law Review 39 (2002): 1217–53, and Peter Norman, The Accidental Constitution: The Story of the European Convention (London: Eurocomment, 2003).
6. European Convention website, http://european-convention.eu.int/enjeux.asp ?lang=EN
7. Preamble, Provisional Consolidated Version of the Draft Treaty Establishing a Constitution for Europe (June 14, 2004). The full text of the treaty is available at http://ue.eu.int/igcpdf/en/04/cg00/cg00086.en04.pdf. All references to the Constitutional Treaty in this chapter refer to this document (CIG 86/04).
8. A further reason why the treaty is unlikely to settle the question of Europe's political future is that it reads, as Noel Malcolm rightly points out, more like a manifesto—a program for the future (“onwards and upwards,” as he puts it)— than a document that merely defines the roles and responsibilities of the EU's