This paper summarizes key elements of the German Federal Constitutional Court's decision on the European Central Bank's Public Sector Asset Purchase Programme. It briefly explains how it is possible for the German Court to disagree with the ruling of the Court of Justice of the European Union....

Why the Supreme Court agrees to hear cases is among the most important topics in judicial politics. However, existing theories have overlooked a key factor: the relative ideologies of the litigating parties. We develop and test a new theory that explicitly incorporates the ideology of the...

Am 5. Mai 2020 verkündete das Bundesverfassungsgericht sein Urteil zur deutschen Beteiligung am Public Sector Purchase Programme (PSPP) der Europäischen Zentralbank. Dieses Urteil ist vielfach kritisiert worden. Der Autor stellt dem eine alternative Deutung entgegen. So sieht er es als...

Many institutions in a democratic society wield important power by virtue of the decisions they make. These decisions may concern individuals or have a more general impact on society. It goes without saying today that this exercise of power must be accounted for. A supreme court's reasoning is...

I demokratiske samfunn utøver ulike institusjoner gjennom beslutninger viktig samfunnsmakt. Beslutningene kan rette seg mot enkeltindivider eller ha en mer generell samfunnsmessig virkning. Det er en selvfølge i dag at slik maktutøvelse må være begrunnet. Høyesteretts begrunnelse er gitt...

The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...

The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...

This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...

This paper deals with judicial departures in consolidating democracies. It investigates to what extent and under what conditions judges in those contexts are not able to decide on their departures themselves but are rather forced to leave due to pressure from the elected branches. We undertook a...

The abstract nature of Constitutional principles, such as the social state principle, requires further interpretation to determine their concrete substance. Their realization is primarily the duty of politics and the legislator. Yet the Constitutional Courts can substantially contribute to...

The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this...

Can a constitution born in dictatorship serve democracy, or is it inevitably tainted by the circumstances of its birth? This question is central in Chilean politics today, but Chile is not alone. Roughly 20% of constitutions in force today were drafted during undemocratic periods. Chile’s...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

The main aim of the paper work is to determine whether the Constitutional Court of Romania could be notified by international tribunals in relation to cases tried under Romanian law. On 5 March 2013 the Constitutional Court of Romania decided, for the first time, on a case concerning an...

Our contribution to the present conference, shall address in this topic : "The constitutional guarantee of civil procedural rights". The article discusses the history of constitutional guarantees of civil procedural rights in Albania, their theoretical and practical treatment from the viewpoint...

The Constitution is the fundamental law, which includes all general rules and principles that are the essence of the rule of law. It organises and establishes the functions of the national authorities, and it enshrines the fundamental rights and freedoms, as well as their warranties. Due to its...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

La Constitution représente la loi fondamentale de l`état Roumain, loi qui porte sur les principes générales d`organisation de l`état, les droit, les libertés et les obligations fondamentaux des citoyens et des autorités et les rapports développes entre les principales organismes de...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a...

This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on...

Fiscal austerity has not led to a return of confidence and it is not at all certain that the current crisis strategy can be sustained politically and will eventually succeed. Government bonds of crisis-hit countries have lost their safe asset status and high risk premiums are impairing monetary...

This paper discusses Portugal’s Eighth and Ninth Reviews Under the Extended Arrangement and Request for Waivers of Applicability of end-September Performance Criteria (PC). Program implementation has remained broadly on track, in spite of a political crisis and significant legal...

This paper examines the correlation between the concepts of sovereignty, human rights, and democracy in Russian legal and political debate, analyzing this correlation in the context of Russian philosophical discourse. It argues that sovereignty is often used as a powerful argument which allows...

The creation of constitutional courts is a political affair because the judicial review of laws and competences potentially curb the power of the elected branches. This paper seeks to refine the explanations for both the spread of constitutional courts and the extent of their formal...

The sovereignty of the people, out of which state sovereignty draws its essence, is a „natural right” of the people, envisaged as a nation. It is an inalienable and imprescriptible right. However, the concepts must be reconsidered. Firstly, it is underwritten the idea that the states give up...

In the contemporary world, the distinction between the state of peace and the state of war has been progressively blurred, the debate over national security has included new threats and new responses, and a large share of the military activities of constitutional democracies consists of...