This Article provides a constitutionally grounded understanding of the vexing principle of “national procedural autonomy” that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of “autonomy”,...

This brief guide to the philosophy of federalism provides an original analysis distinguishing the flurry of competing conceptual accounts of federalism in the United States and Europe. It draws out and critically examines the theories of sovereignty and federalism of James Madison, James Wilson,...

In the debates about whether to take constitutionalism beyond the state, the European Union invariably looms large. One element, in particular, that invites scholars to grapple with the analogy between the European Union and global governance is the idea of legal pluralism. Just as the European...

The European Court of Justice's landmark decision in Van Gend en Loos is often casually compared to Marbury v. Madison simply because in each case a central high court declares itself to be the final arbiter of central government law. But there is a good deal more to the comparison than this....

This brief essay reviews "European and U.S. Constitutionalism" (Georg Nolte, ed., Cambridge University Press, 2005), a volume that seeks to distil what constitutionalism across Europe has in common and how that differs from constitutionalism in the United States. After presenting the various...

Abstract: Reawakened from its decades-long slumber during the Cold War, the UN Security Council has become more active than ever before.  Increased UN activity, however, has not always spelled increased accountability.  The problem is particularly acute with regard to the UN Security...