Dennis Mueller has recently made a significant contribution to understandin
g issues of federalism and confederalism in the European Union - from a par
ticular public choice point of view. He furnishes an important and provocat
ive discussion of the relationship between the decision-making rules embodi
ed in a constitutional convention (or other means of drafting a form of uni
on for constituent states) and the decision-making rules which will be cont
ained in the constitution which is the outcome of that convention. However,
Mueller's veiled preference for a certain ideal form of federalism for Eur
ope tends to reduce the parameters of his discussion, and gives his article
an unrealistic and narrow focus, despite its ambitious scope. The present
article explores some of the latent complexities in the public choice analy
sis and design of European integration, particularly by drawing on the wide
r experience of working federations and theory of federalism, using the uni
que and synthesizing Australian experience as a point of departure. It argu
es that Mueller's analysis is biased towards the reduction of decision-maki
ng costs of European governance, and thus undervalues the external costs th
at may be imposed through excessive central government.