The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

The Constitution of Tonga, 132 years old in 2007 -- indeed one of the world's oldest extant constitutions -- has recently, for the first time in history, been subjected to significant scrutiny by the people who live under it. The review process has also canvassed the views of the thousands of...

The paper aims at presenting and evaluating the conditions of access to the Hungarian Constitutional Court after the coming into force of the new Fundamental Law and Constitutional Court Act on 1 January 2012. The abolition of actio popularis and the concomitant introduction of full...

In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...

This article is a response to Professor Jed Shugerman’s Economic Crisis and the Rise of Judicial Elections and Judicial Review, HARVARD LAW REVIEW (2010). Professor Shugerman argues that the widespread adoption of judicial elections in the 1850’s and the embrace by the first generation of...

The mathematician and philosopher Kurt Gödel reportedly discovered a deep logical contradiction in the US Constitution. What was it? In this paper, the author revisits the story of Gödel's discovery and identifies one particular “design defect” in the Constitution that qualifies as a...

The concept of sovereignty and laicism still being instrumented into different projection to that’s which have been conceived and used for through the french revolution and the old regime. This article is not to discuss that, but to delight how another concept deduced from it becomes...

Dietrich Murswiek, Universität Freiburg, analysiert in seinem Kommentar die Maßnahmen zur »Euro-Rettung« unter verfassungsrechtlichen Gesichtspunkten.

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...