Abstract: On June 30, 2009, the German Constitutional Court declared the Lisbon Treaty to be compatible with the German constitution. The Lisbon decision marked the end of an intense constitutional battle. The following text illustrates how different views on and different understandings of...

Abstract: As the distinction between interpretation and politics diminishes, the need for pluralism in interpretation increases. The Article argues, first, that the rule of law requires that no one tribunal possess the power to subordinate a whole legal system to its politicized rule. The...

Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, on the example of the Czech Republic, a case study of this phenomenon and also...

The use of one and the same word, i.e. Justice in the English or French language to render the two concepts of Gerechtigkeit when the issue is about equitability or fairness in social relations, and of Justiz when the issue is about the administration of justice often leads lawyers to overlook...

This paper sets out to examine the prospects for EU constitutionalism in the light of the protracted and perhaps insuperable difficulties surrounding the ratification of the 2004 Constitutional Treaty. It argues that these difficulties simply reinforce the need for thinking about the EU's...

The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) removes the unanimity requirement for entry into force. This innovation is possible because, technically, the TSCG I not an EU Treaty. It is not constructed as a reform of the EU Treaties following...

The paper discusses the suitability of the federal form of government as a replacement for the centralized structure of government in the context of Philippine economic and political conditions. The answer is depicted in the title of the essay. In providing a review of the main question,...

The Philippines requires the revision of the economic provisions of the Constitution if it is to become a major recipient of foreign investment flows like other high growth economies in the East Asia. These economic provisions were adopted in 1935 and have helped to reduce the country's ability...

We study changes in the form of government as an example of endogenously determined constitutions. For a sample of 202 countries over the period 1950–2006, we find that most changes are relatively small and roughly equally likely to be either in the direction of more parliamentarian or more...

Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...