AbstractIt is a clash between the Court of Justice of the European Union (CJEU) and the German Federal Constitutional Court (GFCC) that has made the question posed in the title

of this contribution a hot topic among EU lawyers. The CJEU answered it in the negative and held “that in order to determine whether a measure falls within the [...]

PriceZachary S.. Constitutional Symmetry: Judging in a Divided Republic. Cambridge University Press, 2024. Pp. 258. US$39.99. ISBN: 9781009391832. Constitutional Symmetry:

Judging in a Divided Republic [...]

AbstractThis article analyzes how demographic dynamics between Jews and Palestinian Arabs during Israel’s founding years shaped the country’s constitutional debate, highlighting

a largely unrecognized factor: the central role of the national conflict in determining Israel’s early constitutional trajectory. [...]

CraigPaul. English Administrative Law from 1550: Continuity and Change. Oxford University Press, 2024. Pp. 752. £140.00. ISBN: 9780198908326. English Administrative Law from

1550: Continuity and Change [...]

AbstractThis article examines what is analytically at stake when individuals claim that their rights under the European Convention on Human Rights have been interfered with

and the respondent State invokes compliance with positive human rights obligations as the aim pursued through the interference. [...]

AbstractThe Supreme Court of India adjudicates cases on the basis of majority rule: under Article 145(5) of the Constitution, judgments and opinions must be delivered with

the concurrence of a majority of the judges hearing the case. Jeremy Waldron has termed this practice “judicial majoritarianism” in his essay “Five to Four: [...]

AbstractThis article highlights the problem posed by legal status as a tool of civic stratification, through which states construct migrants as legal subjects while simultaneously

determining the scope and content of their rights. While largely taken for granted in legal scholarship, legal status categorizations should be recognized as central [...]

AbstractIn comparative constitutional law and theory, the judicial power to strike down laws has long been viewed as an awesome power in a democracy. Armed with the power to

invalidate laws, courts get the final say on whether laws comply with the Constitution. [...]

AbstractThis article explores the distinctive pathologies of free expression jurisprudence at the Supreme Court of the United States and the European Court of Human Rights

(ECtHR). On the United States side, modern First Amendment law has effectively guarded against state censorship, particularly content-based censorship, and has cleared [...]