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...

This paper considers the dynamics of migration of constitutional ideas in the context of the gradually "constitutionalizing" EU, and in particular the advent of a first documentary Constitution shape new (and as yet unratified) Constitutional Treaty 2004. normal, profound, complexities tracking...

This paper examines the relationship between constitutionalism and New Methods of Governance (NMG) in the EU. It argues that in many respects the relationship is one which tends to challenge, marginalise or misrepresent NMG. In particular, those state-derivative aspects of constitutionalism in...

Now that the Constitution for Europe is signed, it must be ratified by each of the 25 member states according to their own constitutional requirements. If one of those states is unable to ratify (because of the negative outcome of a popular referendum of for some other reason), the future of the...

The third part of the Constitution for Europe has been submitted to hard criticism. The content of this part however, is indispensable to a Constitution of the European Union as it is a consolidation of the legal bases and institutional details which are necessary to the functioning of the EU....