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...

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...

Altneuland: The European Constitutional Terrain It is in many respects a New Land - for the first time the Union is openly, officially using the word Constitution in its formal self-understanding. But this, in turn, places it, at least lexically, in the age old terrain of constitutionalism which...