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Political Science and International Studies (R0)

Werner Reutter

Constitutional Courts in the German States

History, Structure, and Functions

&lt;p&gt;1. Introduction: Constitutional Democracy and Constitutional Courts in the German States.- 2. The Constitutional Court of Berlin: A Case Study.- 3. Democracy, Federalism, and the Rule of Law: Theoretical Perspectives on Constitutional Adjudication in the German States.- 4. The Creation of State Constitutional Courts in Germany: When, Why, and How?.- 5. Constitutional Courts as Institutions: Status, Mode of Operation, Jurisdictions.- 6. State Constitutional Courts and Their Justices.- 7. Constitutional Courts and Politics in the German States: Does Judicialization Exist and If So Why?.- 8. State Constitutional Courts and “Militant Democracy”.&lt;/p&gt;


This book offers a comprehensive reconstruction of proportionality in constitutional law, tracing its trajectory from its origins in Prussian administrative law and German constitutional adjudication to its contemporary application across diverse legal systems. Against the conventional approaches that equate proportionality with the weighing of competing values, it argues that this test was originally conceived as a dogmatic instrument for the protection of rights, not as a balancing technique. Through a detailed comparative analysis of the German and Brazilian experiences, the book reconstructs how proportionality gradually shifted from a strict limit on state power to an open formula of judicial discretion, and proposes a coherent model to restore its normative function. The book critically re-examines the philosophical and theoretical assumptions that transformed proportionality into an indeterminate balancing exercise and reconstructs it as a structured dogmatic test defined by constitutional parameters of protection. Engaging with authors such as Robert Alexy, Bernhard Schlink and Ralf Poscher, it maps how proportionality became the dominant method of constitutional adjudication and how that dominance produced both methodological uncertainty and jurisprudential uniformity. Finally, it proposes a theoretical framework that distinguishes proportionality in the singular, as a general abstraction, from proportionalities in the plural, calibrated to the specificities of each right, context and mode of judicial review. This plural and context-sensitive approach restores the analytical precision that contemporary constitutional law often lacks. By combining historical analysis, comparative dogmatics and legal theory, the study contributes to current debates on the legitimacy and limits of judicial review, the boundaries of fundamental rights and the crisis of constitutional interpretation in modern democracies.

Origins, Models, and Dogmatic Reconstruction

Proportionality in Constitutional Law

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Morality Policy Implementation and Religious Organisations in Europe

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Constitutional Systems of the World

The Constitution of Switzerland

Modern Studies in European Law

This book tells a fascinating legal mobilisation story. Analysing EU environmental litigation over the last 30 years, it illustrates how the European environmental movement has patiently attempted and succeeded in expanding access to justice opportunities before the EU Courts. This is despite the longstanding reluctance of the EU Court of Justice to soften its standing requirements for private applicants bringing cases directly to Luxembourg. This research draws on both doctrinal analysis and qualitative methods of socio-legal inquiry. At its heart are interviews with key stakeholders: environmental lawyers, plaintiffs, and activists, which give an invaluable and innovative perspective on strategic litigation before the EU judiciary. With the growing emergency posed by the climate crisis and resultant increased litigation, this book makes a significant scholarly contribution to the study of environmental movements, to our conceptualisation of legal mobilisation, and to our understanding of the impact of litigation in European environmental law.

Environmental NGOs and Access to Justice before the CJEU

Evolution, Challenges, and Future Trajectories

The Venice Commission

European Administrative Governance

This book investigates the extent to which regions participate in and influence EU policy-making through the lens of Multi-Level Governance (MLG). Focusing on the 2021-2027 Cohesion Policy programme, it examines whether regions – traditionally central actors in EU governance – are progressively experiencing a diminishing role. By comparing the current programming cycle with previous ones, the book analyses the degree of regional participation in shaping the Cohesion Policy agenda setting. Adopting a comparative and empirically grounded approach, the study explores two Member States – Italy and France – and four regional case studies – Tuscany, Veneto, Brittany, and Provence-Alpes-Côte d’Azur. By assessing whether regional actors still effectively influence Cohesion Policy content, the book demonstrates that recent crises, including the financial crisis, rising Euroscepticism, and the COVID-19 pandemic, have accelerated centralisation trends within the EU. Instruments such as Next Generation EU and National Recovery and Resilience Plans have further strengthened national governments, often limiting meaningful regional involvement. Combining theoretical insights with policy relevance, this book will appeal to scholars of EU studies, public policy, and regional governance, as well as policymakers engaged in Cohesion Policy and the future of EU governance.

Multi-Level Governance in Italy and France

EU Cohesion Policy and Regional Participation

This innovative new textbook takes a cases and materials model (balanced perfectly with expert commentary to guide the students) which maintains a keen focus on those areas studied by the student of EU law. Avoiding the approach of most other textbooks, whose comprehensiveness serves to overwhelm the student, EU Law: Cases, Materials and Text is structured to map the mainstream curriculum. This allows for the inclusion of more materials, with short extracts drawn from a wide range of sources. These serve to tease out themes and to provide a clear sense of direction for the student navigating a sometimes complex subject. As a first edition, it is structured to accurately reflect the law of the EU post Brexit, with a dedicated chapter on the emerging UK-EU relationship. Written by two authors who are both leading scholars and experienced teachers, this offers a new, fresh resource for students and teachers alike.

Cases, Materials and Text

EU Law

Constitutional Courts in the German States

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