The Twilight of Constitutionalism

24/4 Peer review constitutionalism? The emergence of global and regional constitutionalism and 15/5 Peer-review constitutionalism continued. EU Rule of Law vs. Hungarian and Polish Constitutionalism

The classes on April 24 and May 15 are closely connected.

In the first class, we are going to start with the general idea of peer review constitutionalism  - or constitutionalism beyond the state.

In order to understand the basic structure of the problem, I urge to read the short entry (Global Constitutionalism) by Anne Peters in the Encyclopedia of Political Thought:

Peters Global Constitutionalism Encyclopedia of Political Thought 20151
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Based on this, try to answer some basic questions: 

  • What levels beyond the state can be relevant from the point of view of constitutionalism?
  • What is the relevance of the ECHR, for example?
  • What is the relevance of the EU?
  • What are the differences between those two mechanisms?

I am also offering a very short excerpt from Somek, who explains his idea of peer-review constitutionalism (3.0):

Somek excerpt
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In the second class (15/5), we will take a specific look at the role of peer-review constitutionalism with regard to constitutional issues in Poland and Hungary in the (roughly) last decade.

Please read the text by Tímea Drinóczi (Hungary) and Agnieszka Bień-Kacała (Poland) and try to answer the following questions:

  • What constitutional problems have Poland and Hungary faced in the last 10-15 years?
  • Why are international mechanisms even brought into the picture? Aren't the national mechanisms sufficient to deal with the problems?
  • What are the strong and weak points of international mechanisms with regard to domestic constitutional issues?

Rule of Law Common Values and Illiberal Constituti
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