Research Articles
Lorenzo Zucca,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 481-500
Abstract
Montesquieu’s lessons for modern comparative constitutional law The textual bias of normative constitutionalism Constitutions as more than mere [...]
Research Articles
Hans-Martien ten Napel,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 464-480
Abstract
The European Court of Human Rights’ conception of democracy rather thick, inclusive Requirements of this provision that have to be complied with still thin Court’s response to Islamic political parties and movements Level of tolerance of religion in the public domain ought to increase Need for more guidance from the Court not just an academic [...]
Research Articles
R.C. van Caenegem,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 447-463
Abstract
Two interpretations of constitutional history: product of chance or of design Political and historical backdrop of constitutional development Chances of a global [...]
Research Articles
René Barents,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 421-446
Abstract
The position of EU law in the national legal order Relationship between legal orders Autonomous precedence v. precedence based on national constitutional law The value of constitutional pluralism to explain the relationship between EU law and national [...]
Research Articles
Tobias Lock,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 407-420
Abstract
German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution Differences between the EU and a state Argument for a relative concept of sovereignty Critical analysis of BVerfG’s assessment of the EU’s democratic deficit and denial of the importance of the European [...]
Research Articles
Roland Bieber,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 391-406
Abstract
German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution Extended constitutional limits to European integration ( ) under German Constitution, but these are not violated by Lisbon Treaty Critical assessment of conceptual foundations of [...]
Research Articles
Jan-Herman Reestman,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 374-390
Abstract
German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution Identity The national identity clause in the current Union Treaty Constitutional patriotism Volksidentit Verfassungsidentit Identit confidence and diffidence in the [...]
Research Articles
Dieter Grimm,
European Constitutional Law Review (EuConst), Volume 5 Issue 03 , pp 353-373
Abstract
German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution Analysis of the judgment The Court’s reference to sovereignty Participation of the German Parliament Creeping evisceration of state legislative authority Assessment of the [...]
