Why this debate matters now The European Union’s legal architecture rests on the supremacy of Union law, articulated through the doctrines established by the European Court of Justice (ECJ) in Costa v. ENEL (1964) and Simmenthal (1978). These doctrines enshrine […] The post Relative Universalism vs. Positivist Uniformity: An Executive Summary for Practitioners and Policymakers appeared first on Constitutional Discourse.| Constitutional Discourse
Hungary finds itself caught between two contrasting constitutional approaches to platform power: the United States’ near-complete deference to private autonomy and the European Union’s regulatory turn toward accountability. This paper argues that Hungarian constitutional doctrine, with its recognition of positive […] The post Constitutional Duties in a Platform Society: Confronting the Privatization of Public Discourse in Hungarian Law appeared first on Constitutional Discourse.| Constitutional Discourse
“(…) we have descended upon the Great Hall of Justice not unlike the high priestess Pythia once did at the Temple of Apollo — uttering a single sentence, the brevity of which belies its astonishing ramifications.” – Judge Tomka in […] The post Pythia in the Temple of Apollo – A Critical Look at the ICJ’s Consideration of Sea-Level Rise – appeared first on Constitutional Discourse.| Constitutional Discourse
The EU unveils its €2T budget plan for 2028–2034, kicking off tough talks that will shape Europe’s priorities for the next seven years. The following is an economic take on the possible outcome of negotiations and the process itself. On […] The post A House Built on Rocks or Sand? An Economic Overview of the MFF 2028–2034 appeared first on Constitutional Discourse.| Constitutional Discourse
Russia pioneered the presumable politics of eternity, where succession was erased and imagination suffocated. Under Erdogan, Turkey has followed the same path. The post Reflections of Russia on Turkey’s Road to Unfreedom appeared first on The Globalist.| The Globalist
Last week, the German Federal Constitutional Court (BVerfG) issued a long-awaited ruling on Germany’s extraterritorial obligations to protect fundamental rights (2 BvR 508/21). The case concerned the US air base in Ramstein and the US Air Force’s drone missions in […]| Constitutional Discourse
As sanctions become a central tool of EU foreign policy, their enforcement has shifted away from courts and into the hands of national Financial Intelligence Units (FIUs). These bodies, originally designed to fight financial crime, now freeze assets across borders […]| Constitutional Discourse
The US Court of International Trade (USCIT) ruled against president Trump’s tariff policy executed globally under the International Emergency Economic Powers Act, 1977 (IEEPA, 1977) marking a watershed moment in the constitutional evolution of presidential authority over imposing tariffs. The […]| Constitutional Discourse