I engage with the more particular question, if there is currently a crisis of constitutional democracy in Europe, focusing mainly on the European Union rather than Europe more generally. Before taking on that question, however, there are two preliminary questions we need to address: First, what counts as a crisis of constitutional democracy? Second, how...
Tag: <span>Michaela Hailbronner</span>
THE MATERIAL CONSTITUTION OF THE EU
The constitutional order of the EU has been already approached by a number of different constitutional schools. This panel tries to test the epistemic value of a rather neglected notion in EU studies such as that of the material constitution by focusing on two inquiries: (1) whether the EU has a constitutional structure that qualifies...
Constructing the Global Constitutional Canon: Authority and Criticism in Comparative Constitutional Law
With the surge of right-wing populism in many parts of Europe and the United States, the prospects of democratic constitutionalism appear once again at risk today. Yet, in spite or perhaps because of it, comparative constitutional law is doing well. With our success, new challenges and questions have arisen. As a discipline, we must debate...
Regional Human Rights Courts and Institutional Failure
This paper investigates the role of the regional human rights system in Europe and Latin-America in combating institutional failure, as opposed to addressing individual instances of human rights violations. I define institutional failure as a violation of a constitutional duty, typically a human right, of large scope ie that 1. affects large numbers of people,...
Response to The Alchemists book
This response will be based on Dr Hailbronner’s expertise in comparative constitutional law, focused on Europe and Africa, and on her core research concerning the development of German constitutionalism and the development of the Federal Constitutional Court’s extensive authority. This is a central theme in The Alchemists book, which argues that the German experience laid...