The NGO’s Guide to Authoritarianism
It appears that whenever expert civil society organizations release a legal analysis of draft laws that restrict fundamental rights and freedoms, authoritarian governments learn from their mistakes and avoid them in the next round. One could witness such a situation when the Foreign Agents Registration Bill was introduced in the Slovak parliament last spring, and the public watchdog and advocacy organization VIA IURIS tried to stand against this legislation. In one year, the Slovak parliament considered three versions of the Bill, with each version making it more challenging to fight in court.
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Spanish Judges on Strike
“Save the rule of Law in Spain”, read a banner held by a number of unidentified judges who were demonstrating before the premises of the Spanish Supreme Court, a couple of days ago in Madrid. But save it – from whom? The demonstrators would no doubt reply: from Pedro Sánchez and his government, which has undertaken the first serious reform of the Spanish judiciary since the transition to democracy. But the reform is not the only reason why the Spanish judges have been on strike.
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The Public in Public Law
Post-Constitutional Depression and How to Overcome It
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Das Öffentliche im Öffentlichen Recht
Post-verfassungsstaatliche Depression und wie man sie überwindet
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The Finish Line of Caster Semenya’s Judicial Marathon
Caster Semenya was wronged, and Switzerland – due to the inaction of the Swiss Federal Supreme Court (SFSC) – was held responsible by the Grand Chamber (GC) of the ECtHR. This conclusion to a long judicial marathon is an important vindication for an athlete who saw her career destroyed by a process that violated her right to a fair hearing. The case will be remembered as a significant landmark that will affect the field of transnational sports law and governance for years to come.
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Laboratories of Authoritarianism
In Mahmoud v. Taylor, the U.S. Supreme Court expanded the 1st Amendment Free Exercise Clause to grant conservative religious parents a constitutional right to remove their children from any classroom where a teacher includes LGBTQAI+ people in the curriculum. In effect, the Court has allowed public schools to discourage mutual tolerance, parents to opt out of Equal Protection, and fringe legal strategists to continue to use children’s constitutional rights as a test case for authoritarianism. In doing so, the erosion of children’s rights becomes the foundation upon which other rights are eroded.
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Zementierte Privilegien
Der erste Senat des Bundesverfassungsgerichts hat in seinem Beschluss vom 25. Juni 2025 entschieden, dass die Pflicht zur Abgabe einer Anschlusszusage bei promovierten wissenschaftlichen Mitarbeiter*innen gegen Art. 5 Abs. 3 S. 1 GG verstößt. Der Beschluss macht einmal mehr deutlich, dass in Deutschland die Wissenschaftsfreiheit allein aus der Perspektive der Professor*innen betrachtet wird.
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Reforming the GDPR
After a surge of new digital legislation over the past two years, the European Commission appears to have no intention of easing its pace in reshaping Europe’s regulatory landscape. This includes proposals to reform the GDPR. Regulatory reforms should, however, focus on strengthening enforcement and fixing the structural problems of the GDPR, rather than merely simplifying and deregulating it.
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CURRENT DEBATES
Human Rights Protection in the Climate Emergency: The Inter-American Court of Human Rights' Advisory Opinion No. 32
On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued Advisory Opinion No. 32 — the most important and progressive document yet released by an international court on the climate crisis. This blog symposium, in collaboration with the Sabin Center for Climate Change Law, explores the various facets and implications of the advisory opinion, spanning areas such as mitigation measures, access to justice, migration, global justice, and more.
Read all articles >>Animal Rights: The Role of the EU Charter
Animals remain largely absent from EU legal discourse – especially when it comes to the Charter of Fundamental Rights. This symposium asks whether the Charter could become a catalyst for stronger animal protection across Member States, exploring questions of legal standing, rights, and the EU’s evolving relationship with non-human life. Co-edited by Ester Herlin-Karnell and Matilda Arvidsson.
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Volume 7,Issue 1
April 2025
JUS COGENS
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C. CORRADETTI, G. DAMELE
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Machiavelli’s State and its Later Reception
GÜRKAN ÇAPAR
OUR LATEST PUBLICATION
Anmol Jain & Tanja Herklotz (eds.)
Indian Constitutionalism at Crossroads: 2014-2024
Narendra Modi’s Bharatiya Janata Party (BJP) has governed India since 2014, marking a decade of challenges to various aspects of India’s democracy and constitutional system. While the last decade may not have left many conspicuous signs textually, the soul of India’s constitutional system has suffered several dents. The ruling government has launched, quite successfully, a project of redefining India, its constitutional identity, and its vision. This edited volume explores these multifaceted challenges and assesses the current state of Indian Constitutionalism.
PROJECTS
VB Security and Crime
In cooperation with:
VB Security and Crime is a cooperation of the Max Planck Institute for the Study of Crime, Security and Law (MPI-CSL) and the Verfassungsblog in the areas of public security law and criminal law. The MPI-CSL Institute is a member of the Max Planck Law network.
Das Justiz-Projekt
Weltweit gerät die unabhängige und unparteiische Justiz unter den Druck des autoritären Populismus.
Wie verwundbar ist die rechtsprechende Gewalt in Deutschland – im Bund und in den Ländern?
VB Security and Crime
In cooperation with:
VB Security and Crime is a cooperation of the Max Planck Institute for the Study of Crime, Security and Law (MPI-CSL) and the Verfassungsblog in the areas of public security law and criminal law. The MPI-CSL Institute is a member of the Max Planck Law network.
EDITORIAL
Das Öffentliche im Öffentlichen Recht
Post-verfassungsstaatliche Depression und wie man sie überwindet
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