The article argues against recent attempts to subordinate the legal discourse to the logics of the political system. The discussion on global constitutionalism shows better than any other debate that the relationship of law and politics is one of two distinctive communication systems or...

In public discourse, the drawing up of the EU Charter of Fundamental Rights was frequently linked to the hope that this project contributes to forging a European identity. This paper's argument starts form the tension inherent in this idea: On the one hand, identity-building implies the...

Constitutional politics is often contrasted with normal politics as being more deliberative and so able to produce a principled consensus rather than a compromise. This article qualifies this view. The authors argue that the potential exists for reasonable disagreement even over such basic...

This paper presents an argument in favour of developing a multiculturalism policy for the EU, by reference to the potential role which could be played by the Charter of Fundamental Rights in this respect. The provisions on education and culture in the Charter are analysed, with a view to...

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that...