The European project is going through an unprecedented crisis. A large part of public opinion is seeing the European Union more as the problem than the solution. The business as usual approach is not a guarantee of survival. This work stems from the necessity of a radical and … [Read more...]

The primary if not sole concern of Samuel Moyn in his recent, critically-fêted book Not Enough: Human Rights in an Unequal World is distributive or material equality.  If this were not already clear from the preceding chapters of the book, the concluding chapter, which draws on … [Read more...]

This paper develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case-study of the recently challenged Investment Court System. By providing a general framework over the criteria which have been … [Read more...]

The recent resurgence of populism poses a significant challenge to constitutional law today and to the deeper tradition of modern constitutionalism. Despite resisting formal limitations on their power to represent the ‘true’ popular will, populist regimes nevertheless find … [Read more...]

One way for judges to be responsive to the concerns of ordinary people is to take public opinion into account in their decisions. In this paper, I examine cases in which the US Supreme Court and the Swiss Federal Tribunal have explicitly done so. To identify relevant decisions, I … [Read more...]