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Abstract This chapter demonstrates that the project of European integration and the post-Second World War development of a new form of value order constitutionalism at the domestic level are elements of a broader post-fascist constitutional project. Nevertheless, this chapter asks whether post-fascist constitutionalism applies equally to all the member states. The chapter suggests that, together with post-fascist constitutionalism, the member states of the EU are characterized by at least two additional varieties of constitutionalism: evolutionary constitutionalism and post-communist constitutionalism. These varieties of constitutionalism are not characterized by a foundational fear of the people or constrained democracy. For that reason, they do not look to the EU as a guarantor of democracy at the domestic level. The argument for the EU as a transnational militant democracy is therefore less convincing for the member states that are not influenced by post-fascist constitutionalism.
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