The central cause for the crisis in Europe is not undisciplined spending by profligate states, but the asymmetric structural symbiosis between states and banks. Under the current European regime states are lenders of last resort for banks and banks are lenders of last resort for states. That...

If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn. Contrary to widely made implicit assumptions in constitutional theory and practice, national constitutional...

This comment takes issue with three claims made by Armin von Bogdandy about the role of “doctrinal constructivism” as it relates to the European public law tradition. First, the rise of constitutional law as a subdiscipline of law is not plausibly explained by the adoption of a conceptually...

Does international law suffer from a legitimacy crisis? International law today is no longer adequately described or assessed as the law of a narrowly circumscribed domain of foreign affairs. Its obligations are no longer firmly grounded in the specific consent of states and its interpretation...

Europeans will not become constitutional patriots any time soon. The first part of the article argues that this is not because of anything inherently implausible about the idea, either generally, or when applied to the European Union. But the actual institutional features of European politics...

What do you have in virtue of having a constitutional right? In which way, if at all, are rights 'trumps', 'firewalls', or enjoy some kind of 'special priority' over competing considerations of policy? Even though there are interesting and significant differences between conceptions of rights in...

The principle of proportionality has become a central structural feature of rights adjudication in liberal democracies worldwide. One of the most pressing issues such a practice raises is institutional: What reasons are there to believe that courts are better positioned institutionally then...