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Studien zu Staat, Recht und Verwaltung

David Schwarzenböck

Rechtsextremismus in der Justiz?

Das Richteramt zwischen Unabhängigkeit und Verfassungstreue

The university is a foundational institution in society and a cornerstone of democracy. However, recent actions taken by the Trump administration pose an existential threat to this institution by undermining its singular animating right: academic freedom. In Academic Freedom in the Era of Trump, preeminent thinkers draw from their experience as university leaders and First Amendment scholars to portray this troubling moment for academic freedom. The volume examines the legal, historical, and philosophical foundations of academic freedom, its First Amendment roots, and the implications of recent political interference. The Supreme Court has now enshrined the principle of academic freedom within our First Amendment jurisprudence, unceasingly affirming the principle while continuing to refine its contours. Yet, the Trump administration has employed an authoritarian playbook to assault this principle, withholding federal research funding and exploiting antidiscrimination laws, among other tactics. To prevail in this moment, universities must defend academic freedom by clarifying and reaffirming the constitutional origins, emphasizing the indispensable societal role, and refining and articulating the distinct culture and structures of universities that allow the principle to flourish. Urgent and timely, this book offers a powerful defense of the university as a space for free inquiry and democratic resilience.

Academic Freedom in the Era of Trump

Schriften zum Recht der Digitalisierung

Jessica Hawighorst's study investigates whether and under what conditions artificial intelligence can be recognized as an independent legal subject. Focusing on the concept of the "electronic person" (ePerson), it examines the theoretical and doctrinal foundations of assigning legal personality to autonomous AI systems. The author combines systematic legal analysis with philosophical and constitutional reasoning, drawing on both German and European contexts, including the AI Act. The author discusses how the growing autonomy of AI systems raises questions of foreseeability, traceability, and responsibility for their actions. Central legal concepts such as "person," "subject," and "capacity" are critically reassessed, showing that legal subjectivity is a legislative construct within constitutional limits rather than an inherent property. Ethical and cultural considerations serve as guiding principles for determining the scope of potential AI personhood. The study concludes that while granting AI legal personhood is theoretically feasible and could clarify certain issues in contract and liability law, it is not currently necessary. Establishing such a framework would require significant legislative effort. The decision thus remains a matter of political and normative choice.

Eine Untersuchung von Zuerkennungsgründen für die "ePerson"

Rechtssubjektivität für Künstliche Intelligenz

Eine Analyse deutscher Debatten

Wie wir uns Rassismus beibringen

Beiträge zum Organisationsverfassungsrecht OrgVR

Isabella Friederike Gilles examines the capacity of the Federal Republic of Germany's democracy to defend itself against anti-democratic tendencies. Following a discussion of the intellectual-historical and legal-historical foundations of democratic self-defence law, as well as a fundamental critique of the concept and practice of democracy defence, she outlines the provisions of the German legal order that fall under the concept of militant democracy. These include both constitutional and ordinary statutory norms aimed at protecting the free democratic basic order against unconstitutional tendencies within the population as well as within state institutions. She then addresses the question of how unconstitutional tendencies can be identified and, drawing on insights from political and social science, sets out the current threats to democracy. On the basis of an analysis of appropriate evaluative criteria, she examines the extent to which the rules associated with militant democracy can contribute to the effective defence of the Federal Republic's free democratic order. Finally, the limits of militant democracy are delineated; in this context, it is shown that while democratic self-defence law is capable of repelling attacks on the free democratic order, it cannot ensure the population's lasting commitment to the democratic form of government.

Analyse und Bewertung des Potentials der rechtlichen Demokratieverteidigung in Anbetracht aktueller Herausforderungen

Wehrhafte Demokratie in der Bewährung

Beiträge zum Arbeitsrecht

When does an employee with extremist convictions violate the duties of loyalty and consideration arising from the employment relationship? In any event, the employee does not owe a particular political attitude; an extremist attitude therefore does not in itself constitute a breach of duty-it can at most be the cause or motivation for such a breach. Frederik Stadelmann shows that a culpable disruption of industrial peace exists only if the disruption can be normatively attributed to the employee. Through political activity, the employee must not prevent colleagues from performing their work or neglect their own work obligations. The employee likewise acts in breach of duty in cases of physical assaults against colleagues or the employer, as well as in cases of infringements of personal honour or discrimination against colleagues within the meaning of the General Equal Treatment Act (AGG). As a rule, political activity in the context of official contact with the employer's customers or business partners is impermissible. By contrast, a mere violation of general moral standards does not yet amount to misconduct; political correctness is not owed. Where the employee acts outside working hours, the decisive factor is whether their conduct, insofar as it relates to the employment relationship, impairs the employer's legitimate interests. Finally, the author discusses the requirements for termination by the employer on the grounds of the employee's politically extremist activities.

Treuepflichten des Arbeitnehmers im Spannungsfeld politischer Betätigung

Extremistische Arbeitnehmer

Landmark Cases

Substantive Cases

Landmark Cases in EU Law, Volume 2

Hart Studies in Constitutional Law

Making and Amending the Constitution

A major new political history of the French Revolution &nbsp; In 1786, France’s ancien régime was functioning as usual. Its alliance with the victorious American colonies had restored its diplomatic prestige, the economy seemed to be flourishing, and internal politics seemed quiet. But just a few short years later, the dynasty which had ruled France for over 800 years was swept away. What happened to cause such devastating change to the long-established political structure? &nbsp; John Hardman traces the political history of the French Revolution, from its origins to its aftermath. Hardman argues that the nature of ancien régime politics, the mismanagement of the fiscal crisis, and a new generation of young, overly confident politicians brought the Bourbon monarchy’s apparatus crashing down. He shows how feudalism was on its last legs in 1789, and analyses the key roles played by Louis XVI, Antoine Barnave, and Georges Danton. &nbsp; This is a remarkable history of one of modern Europe’s defining moments, shedding new light on the complex politics of the day.

The French Revolution

Modern Studies in European Law

This book explores the role of cities in the EU in facilitating civic participation through the commons (CPC), through the prism of constitutional principles. It fills a gap by providing a much-needed theoretical framework for commons-oriented initiatives. It focuses on democracy, participation, local governments and cities, by looking at the two legal orders of the European Union and the Council of Europe. At its core is the case study of Italy, where there is institutionalised collaboration between society and the State in over 320 cities. It shows that by leveraging the four key European constitutional principles of participation, local self-government, subsidiarity and solidarity, all EU cities can act as drivers of the commons. A fascinating and innovative exploration of civic participation through the commons that reinforces local democracy.

Building Blocks of European Constitutional Law for Local Democracy

EU Cities Facilitating the Commons

Told through captivating real cases in real courts, the former President of the Supreme Court leads us on a deeply entertaining and vitally important top-to-bottom tour of the law in our land. 'Principled, timely and vital' PHILIPPE SANDS 'Powerful and urgent' FINANCIAL TIMES 'If this country made any sense, we'd make this book part of the syllabus' IAN DUNT If we are lucky, we'll never have an accident, or be wronged, or face a family difficulty. But what if we do? How do we make sense of the justice system - this vast and archaic world - and ensure it is in our corner? Lady Hale, former President of the Supreme Court, takes us inside our courts to reveal how the law works in real time. From everyday tribunals to the lofty heights of the Royal Courts of Justice, and through thought-provoking and often deeply moving cases of real people, we share in the complexity of deciding what is right and feel the human drama of our legal system. Ultimately, we see that we all have rights, and the law is for everyone: through these captivating stories we come to understand what it truly is and why we must care about it. 'Everyone who cares about a fair and just society should read this book' SARAH LANGFORD 'Informative, enjoyable and compelling' OBSERVER 'Accessible, forensic and breathtakingly humane' SHAMI CHAKRABARTI 'A rallying cry for justice that is truly on our side' CHERIE BLAIR KC ** Longlisted for the Women's Prize for Non-Fiction 2026 **

How the Law Works and How We Can Make It Work Better for Everyone

With the Law on Our Side

This collection examines what 'critical theory' as a distinct intellectual tradition in social, political, and legal thought contributes to the study of EU law and to the future of the European project. Covering a broad range of substantive fields of EU law and the history of legal integration, including constitutional law, the design of monetary union and economic law, fiscal integration and taxation, labour law, fundamental rights and anti-discrimination law, gender equality, migration law and policy, data protection, and the Common Foreign and Security Policy (CFSP), the volume illustrates how a more rigorous engagement with critical theory helps to navigate the post-crisis European legal landscape. The contributors bring fresh, thoughtful, and innovative perspectives to EU law and theory, diagnosing the deep-seated challenges facing contemporary EU law and reimagining the emancipatory possibilities still available for it.

The Question of Postnational Emancipation

Critical Theory and European Union Law

Hart Studies in Comparative Public Law

This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order. Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State. After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come. Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond. The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.

Challenges, Dilemmas and Strategies in Poland and Beyond

Reinstating the Rule of Law

Rechtsextremismus in der Justiz?

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