15 July 2022
The Poverty of Militant Doctrinal Constitutionalism in the European Union
The rule of law crisis discussion is transforming the entire academic field of comparative constitutional law. Success is measured not in volumes of empirically based analysis or critical examination of existing legal practices but more and more in op-eds in which Poland, Hungary or the Commission should be chastised like unruly children in the most imaginative and entertaining way possible. It is possible because of the ultimately fatal grip of constitutional law scholarship and constitutional design in the EU which blurs the distinction between theoretical and more practical uses of constitutional concepts. Continue reading >>
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