Tag: <span>Dana Burchardt</span>
The psychology of constitutional identity jurisprudence
Like other decision-making processes in which human beings are involved, judicial decision-making is subjected to certain biases that run counter the rationality assumption. A particularly visible and far-reaching example of this phenomenon can be found in the jurisprudence of domestic constitutional courts, particularly in the context of their interaction with the CJEU and with constitutional...
Transplanting Identity Language – The Migration of “Constitutional Identity“ in European Constitutional Law
The migration of constitutional ideas is characteristic for the legal integration within the European Union. EU law and domestic law are closely intertwined, enabling permeability between the participating legal orders. This allows for constitutional ideas to migrate between these orders. A prominent examples is the jurisprudence of the domestic constitutional courts establishing limits to the...