The European community founding treaties constitutes a constitutional charter and not the actual constitution. This is based on the fact that founding treaties have organized the union’s government, by prescribing the manner and extent of power and exercise of its institutions and describing the composition of the institution. The European treaty has superior legal values just like the constitution. The expectations of the treaty are similar in a manner to the constitutions.
Just as the different organs of the States government are required to comply with the State’s constitution, so the Treaty require the community institutions and member states to comply with its rule. (Zoller 2005, 402-4). The Treaty has a complete system of legal procedures and remedies that permits the court of justice to review of legal level of the measures being used by the institutions. Therefore, the community offers right of recourse to citizen as individuals rather than community institutions or member states.
Although the rule of law expressed in the treaties are significant fundamental of constitutional guarantee, all other values of the treaty require the treaty itself for them to be upheld. This criterion is crucial as it is not met by typical mechanisms contained in the international agreement. Moreover, the Court of Justice is the final interpreter of the validity of the act of the European Community and not the national courts. This ensures uniform and consistent interpretation of such acts in all member states. (Tallberg 2002, 624-28).
A constitution is defines the government’s main organs and their power. They contain procedural and substantive norms of nature, and in nations with a measure of devotion, its structural provision identifies the powers of the regional, states and federal government. The Nations use the constitutions as a stable framework for legal and political institutions. Moreover, they are enshrined in written documents, and they are superior law. Constitutions can only be amended using special procedure that differs from the ones used in the ordinary legislation.
Nations use constitutions to establish state institutions, authority through elections; the constitution assigns ultimate power to people. Such power is only considered lawful if it conforms to the constitutions’ precepts. Constitutionalism connotes the availability of constitution features in the legal system, and the extent at which the legal system satisfies the precepts of effective governance. (Alec 2009, 630). The debate on the how constitutional charter of the European Treaty compares with the States constitution has taken various dimensions.
Currently, the European Unions are acquiring elements that are necessary for a complete governance system that is used to characterize the States. Considering this step, question of democracy involving the democratic content of the Constitutional Charter of the European Union has been raised. This question does not influence the comparison because there are many non-democratic states that have constitution. Actually, the Union lacks the resources and means that are vital in development of a complete system of governance.