The Public in Public Law
Post-Constitutional Depression and How to Overcome It
Articles for tag: Public Law, Rechtsstaatlichkeit
Das Öffentliche im Öffentlichen Recht
Post-verfassungsstaatliche Depression und wie man sie überwindet
A Legal Scalpel Instead of an Axe
Hungary appears to be assuming the role of a Trojan horse in the European Union, advancing the interests of foreign powers. Of particular concern is Hungary’s conduct in the field of the Common Foreign and Security Policy, especially in light of its obstruction of EU sanctions against Russia. Thus far, the EU’s conventional instruments have proven insufficient in curbing Hungary’s veto strategy. For this reason, I propose a path that is both legally feasible and politically realistic: a reinterpretation of Article 7 TEU that would allow for a targeted use of the instrument.
The Law of Lawlessness
A Recap of Supreme Court’s Last Term
Das Gesetz der Gesetzlosigkeit
Zur letzten Sitzungsperiode des US Supreme Courts
A Constitutional Settlement Is Poland’s Only Hope
In Poland, the narrow defeat of liberal Warsaw Mayor Rafał Trzaskowski by the ultra-conservative Karol Nawrocki in the June 1st presidential election marked a turning point. The possibility of restoring the pre-2015 constitutional order has effectively vanished. But this does not mean Polish democracy is doomed. Poland’s European partners must recognize the dramatic shift Polish voters delivered. Rather than fixating on the formal legality—or illegality—of the dizzying array of judicial reforms and counter-reforms enacted since 2015, the time has come to encourage all sides to pursue a national constitutional settlement. This new framework must address not only judicial independence but also the deeper social and political polarization now defining Polish life.
Beyond Legal Restoration
A recently published proposal by former Constitutional Court judge Béla Pokol suggests introducing a new emergency regime designed to defend Hungary’s illiberal system against potential re-democratization efforts by a future government. Together with international criticism of Poland’s judicial reform in its process of democratic renewal, this provokes a profound reckoning: traditional legal formalism may no longer serve the needs of constitutional recovery. It is time for a post-formalist approach to democratic reconstruction.
The Agonies of American Federalism
Understanding the Los Angeles Conflict in a Historical Frame
“The Rule of Law Depends on Administration With Integrity”
Five Questions to Till Patrik Holterhus
„Der Rechtsstaat ist auf eine redliche Verwaltung angewiesen“
Fünf Fragen an Till Patrik Holterhus
