The ECJ has often been accused of over-stepping the legitimate boundaries of  The European Court of Justice (ECJ) has long treated the founding treaties as the constitutional documents of the European Union. Many commentators have noted the efforts of the ECJ to “constitutionalise” many principles – such as the direct effect and supremacy of Community law over the domestic laws of member states and the increasing protection of human rights – The ECJ is often overstepping its bounds when it comes to applying and interpreting the treaties. [1] The ECJ has often been accused of “judicial activism” in over-stepping the legitimate boundaries of courts in a democracy. By enshrining much of this creative jurisprudence in a democratically ratified constitution, the EU can assert and emphasise its status as a democratic entity, rather than an elite-driven process separate from the citizens of Europe.  [1] Roberts, Linda, ‘The CARICOM Single Market and Economy and the Caribbean Court of Justice’, Southampton Working Papers in European Law, 2007/1,