This Article uses the absence of Montesquieu from American Supreme Court decisions to highlight some problems with American separation of powers law.  Recently, the Court has embraced a neoformalist approach, allegedly justified by the Constitution’s “original meaning.”  Yet the … [Read more...]

The interpretation of the principle of separation of powers in the EU has assumed specific character through the principle of institutional balance. The Court of justice (CJEU) has been playing a leading role in the assessment and oversight of the principle. This paper aims to … [Read more...]

The paper compares the findings of a recent comparative law study (Tom Ginsburg and Mila Versteeg, The bound executive: Emergency powers during the pandemic, in I•CON 19, no. 5 (2021), 1498–1535) about the impact of the pandemic on the guarantees available under constitutional … [Read more...]

While there is a substantial volume of scholarship on democratic backsliding in Hungary and Poland, one aspect of this process which remains curiously understudied is the dismantling of power-sharing. In these two countries, nationalist populist parties have been in power for … [Read more...]

The question what motivates judges to use the preliminary reference mechanism has been subject to academic debate for the past decades. More recently, a second wave of literature emerged which employs qualitative methodologies in an attempt to address this question. However, this … [Read more...]