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Unconstitutional capture and constitutional recapture. Of the rule of law, separation of powers and judicial promises

3/2017 Tomasz Tadeusz Koncewicz

This paper argues the Polish case is much more than just an isolated example of yet another government going rogue. There is an important European dimension to what has transpired in Poland over the last 20 months. To understand what and why has happened in Poland, one has to … [Read more...]

Attachments

  • JMWP 03 Tomasz Tadeusz Koncewicz

Innovation in EU competition law: The resource-based view and disruption

2/2017 Francisco Costa-Cabral

Innovation has so far been handled by competition law according to market structure, that is to say, assuming that market power allows undertakings to evade competitive pressure including those which spur innovation on. This structural approach has fitted innovation in a … [Read more...]

Attachments

  • JMWP 02 Costa-Cabral

Access to Justice in the United Nations Human Rights Committee

1/2017 Vera Shikhelman

This article uses the United Nations Human Rights Committee as a case study for the success of the of individual communications system in international law. The article uses a mixed methods empirical research strategy in order to describe and evaluate the access to justice in the … [Read more...]

Attachments

  • JMWP 01 Shikhelman

Constitutional Review of Treaties: Lessons for Comparative Constitutional Design and Practice

08/2016 Mario Mendez

This article argues that the changing remit of treaty-making, such that treaties can be just as capable of negatively impacting on domestic constitutional values as ordinary legislation, results in it warranting appropriate mechanisms of domestic constitutional review. … [Read more...]

Attachments

  • JMWP 08 Mendez

The Separation of Powers Doctrine And The Power Of Participation

07/2016 Dominik Steiger

Participation by the people is a powerful tool which influences the exercise of public authority within all branches of government and may enhance the legitimacy of public authority – but only if it is done correctly. The United States, the European Union and Germany all … [Read more...]

Attachments

  • JMWP 07 Steiger

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