This article is a comment and reflection on Joseph Weiler’s essay, The Political and Legal Culture of European Integration: An Exploratory Essay. The article responds to Weiler’s argument by sketching a philosophical framework within which we may [...]
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European judges in Strasbourg have recently been called on to decide on some important issues concerning discriminatory treatment in the enjoyment of the rights and freedoms protected by the European Convention on Human Rights (ECHR) and its [...] In designing constitutions, constitutional drafters often face constraints that cause them to leave things “undecided”—or to defer decision-making on certain constitutional issues to the future. They do this both through adopting vague [...] In intersectional litigation European courts face conflicts between rival claims of legal authority that, in the absence of a unified European constitutional framework, may receive only context-dependent solutions. This poses critical challenges for [...] In providing preliminary rulings on the interpretation of EU law, the European Court of Justice carries out essentially review of constitutionality of Member State action. The ECJ enjoys discretion in determining the specificity of its ruling. It may [...] |
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