• From legal to political constitutionalism?

    … While the developments in Poland and in Hungary clearly have to do with a move away from legal constitutionalism, I am not so sure about their moving towards a form of political constitutionalism, as prof. Adam Czarnota suggests. In my view, a key dimension of political constitutionalism is the observation that specific constitutional norms…

    Verfassungsblog- 76 Leser -
    Vorher zum gleichen Thema:
  • A state of constitutional necessity versus standard legal reasoning

    … N.W. Barber and A. Vermeule, in their seminal paper, differentiate between three types of cases in which the exceptional role of courts can come to light. I will be interested only in the third type of cases, which has been defined by Barber and Vermeule as follows: ‘There are some cases in which the health of the constitutional order requires…

    Verfassungsblog- 72 Leser -
  • A Critical Response

    … Let me begin by quoting Abraham Lincoln’s Gettysburg​ Address​, in which he stated that a “democratic​ government​ should be government of the people, by the people and for the people”.​ As you know the current government in Poland does not enjoy the support of the political and economic establishment or academic professors but it is supported…

    Verfassungsblog- 64 Leser -
  • Self-defence of public institutions in the Polish constitutional crisis

    … Before I start my presentation, let me make a short statement. Professor Lech Morawski, who is also participating in this symposium, has been invited here as judge of the Polish Constitutional Tribunal. I would not like that my presence here be recognised as an acknowledgement of th legality of his appointment to this position. Professor…

    Verfassungsblog- 93 Leser -
  • New Forces for the Greek State: Comments on Comments

    … András Jakab makes explicit a point that underlies our analysis: bringing about reform requires much more than amending and applying laws. His concept of institution-building, which includes the ‘culture’ or ‘morality’ of governance, is far richer than what lawyers (and maybe also EU reform programs) usually assume. “A republic without republicans…

    Verfassungsblog- 81 Leser -
  • Against Renationalization

    …-going collapse of the most significant values of human civilization. And indeed, in many cases the European integration helped to consolidate democratic institutions and the rule of law in countries which were emerging from long-lasting dictatorial regimes and had no deeply rooted democratic traditions. Finally, some political and intellectual…

    Verfassungsblog- 66 Leser -
  • All we need is Trust: Conditions are not a Means of Punishment

    … Let us go back to spring 2010. Pressure rose against the European institutions to send a rescue package to Greece, which had discovered shortly before to be unable to re-finance its debt in the markets. The German government (in a strange post-election turmoil) showed some resistance (rightly) based on Art. 125 (1) TFEU (Art. 136 (3) TFEU did…

    Matthias Ruffert/ Verfassungsblog- 48 Leser -
  • The Strain of the New Forces

    … At first glance, the proposal to introduce into institutional operation new forces in key positions in administration and the courts sounds reasonable. At a second glance, also so. Greece has a problem with its institutions, a fact admitted even by the government of that country. There is no guarantee of correct implementation of EU law…

    Verfassungsblog- 39 Leser -
    Vorher zum gleichen Thema:

  • Institution-Building in Greece. On the Risk of “Double Loyalty”

    … civil servants as well as to strengthen the National School of Public Administration and Local Government. SUGGESTED CITATION De Lucia, Luca: Institution-Building in Greece. On the Risk of “Double Loyalty”, VerfBlog, 2017/3/10,, DOI: …

    Verfassungsblog- 35 Leser -
Täglich juristische Top-Meldunden
Cookies helfen bei der Bereitstellung unserer Dienste. Durch die Nutzung erklären Sie sich mit der Cookie-Setzung einverstanden. Mehr OK