The paper discusses how we might understand solidarity as subtending the institutionalisation of social rights in a way that carries productive tension into the constitutional thinking of social protection. I argue that writing solidarity into social rights constitutionalism is the...

This article examines and assesses virtues and limits of the contribution of political constitutionalism to the question of reasoning about rights. In the first section, the role of legislatures in deciding about rights is examined and compared to judicial reasoning. The main tenets of the...

This paper has been organised in six sections. The first one delineates the material methodology of studying the constitutional order by juxtaposing it to other ‘political’ approaches and it offers a reconstruction of the two legal theories from which it draws its inspiration. Then, the...

This is a discussion of Pistor's work on the code of capital and more generally on the approach taken by the new legal institutionalists on law and political economy. In particular, the intervention focuses on the central idea according to which law is constitutive of the contemporary political...

The question of the European common good (or public interest) is rarely posed. This is due, probably, to the hybrid nature of the EU. Its multilayered institutional nature makes the problem of how to track European public interests much more challenging, at least when compared to the national...