Post-Legislative Doctrine In Public Law

The legislation is dynamic action and phases, pre-legislative, legislative and post-legislative. I have studied post-legislative doctrine, legal norm control, typical to the European Union legal order. I have studied more closer the art. 263 TFEU and 267b TFEU of the Union and relevant case law (Digital Rights, Vodafone etc.). As conclusions the most important aspect...

Panel 167, WEDNESDAY JUNE 27 2018 10:45 AM - 12:15 PM

Hart, Bentham, and Constitutionalism

Hart claims that Bentham‘s theory of law is a command theory; and that Bentham‘s theory cannot explain ‘legally limited supreme legislature‘ [LLSL]. His claim assumes that judicial review is the archetype of LLSL. I attempt a threefold task. First, I will present Bentham‘s explanation of judicial review, and argue that for Bentham, judicial review is...

Panel 167, WEDNESDAY JUNE 27 2018 10:45 AM - 12:15 PM

Public Law in the Time of Oxymora

“Private identity“, “flexicurity“, “representative democracy“, are but three concept that have recently been qualified as oxymora or paradoxes, ie “figures of speech in which apparently contradictory terms appear in conjunction“. The occurrence of legal oxymora is not new as there are hundreds of mentions by judges in case law across the United States alone. In...

Panel 167, WEDNESDAY JUNE 27 2018 10:45 AM - 12:15 PM