Stefan Theil: Polycentricity – A Fatal Objection to the Adjudication of Environmental Rights?
In an unprecedented ruling, the Hague District Court has recently compelled the Dutch State to reduce the greenhouse gas emissions of the Netherlands by 25% by 2020 based on the … Continue reading
Stefan Theil: Constitutions as culture: Two insights from Peter Häberle’s “The rationale of constitutions from a cultural science viewpoint”
Constitutions are the cultural achievement of centuries of historical legal development, an expression of the cultural self-presentation of a people. For all their variety, constitutions seek to set the rules … Continue reading
Stefan Theil: Three insights from Peter Häberle’s “Preambles in the text and context of constitutions”
Preambles are a hallmark of constitutions, and questions regarding their inclusion and content are an important part of the drafting process: a clear majority of the 194 constitutions analysed by … Continue reading
Thomas Adams: Wade’s Factortame
William Wade’s analysis of the second Factortame case ((1996) 112 Law Quarterly Review 568) is well known, and justly so. The facts, too, require little in the way of rehearsal. … Continue reading
Stuart Lakin: The Sovereignty of Law: Freedom, Constitution and Common Law by Professor Trevor Allan: Some Preliminary Thoughts
Most readers of this Blog will undoubtedly be familiar with the work of Professor TRS Allan. It is difficult to think of anyone who has made a more significant contribution … Continue reading
Rogier Creemers: The Constitutionalism Debate in China
Over the past few months, a heated debate about the role of the Constitution in Chinese political life has emerged. This debate comes in the wake of the 18th Party … Continue reading
David Mead: “Don’t Think Of An Elephant”: How Conceptualising Is Able To Skew The Outcome In Human Rights Cases
In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the recent US political landscape. I’m very grateful that Daithí Mac Síthigh made … Continue reading
