Comparative Reasoning and the Making of a Common Constitutional Law— The Europe-Decisions of National Constitutional Courts in a Transnational Perspective
This contribution argues that recent Europe-decisions of national constitutional courts demonstrate a new quality of comparative legal reasoning. Whereas classic EU related case-law reflects comparative law dimensions at best by sporadic references to foreign case law, some … [Read more...]
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Constitutional Comparativism in Action The Example of General Principles of EU Law and How They Are Made –A German Perspective
This article deals with Constitutional comparativism in action. In contrast to a view in the US-debate that considers Constitutional comparativism to be futile, the Law of the European Union explicitly relies on comparison in the core issue of general principles of EU … [Read more...]
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Party, Pope, and Politics? The Election of German Constitutional Court Justices in comparative perspective
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“We the People” – What is the legal meaning of “people”?
People is a fundamental concept in constitutional law. The legitimacy of all state action has to be rooted somehow in the people. Federal constitutional orders recognize the existence of a national and of separate regional political bodies. Therefore, the subject behind, defined … [Read more...]
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