The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity,...

Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national...

Legal equality is a particularly troublesome ideal: it is at the same time non-negotiable(occupying a position lexically prior to other legal ideals shared by its proponents) and fundamentally ambiguous. The principal task for a theory of equality is to design a test fornon-discriminatory...

Is it the case that the law, in order to be fully legitimate, must not only be adopted in a procedurally correct way but must also comply with certain substantive values? In the first part of the paper I prepare the ground for the discussion of legitimacy of democratic laws by considering the...

This paper claims that the intuitive and widespread legitimating power of majority rule (MR)arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring puzzles indemocratic theory, such as the...

The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Member States and that of the case-load, but also from the demise of a...