The Twilight of Constitutionalism

Assignment for the holidays' weeks.

This chapter concerns the assignment - the main individual work you need to do in order to pass the class.

The assignment is due on May 19 (midnight) and should be uploaded here:

Chyba: Odkazovaný objekt neexistuje nebo nemáte právo jej číst.
https://is.muni.cz/el/law/jaro2025/MX003K/ode/assignments/

The assignment itself consists of witing an essay (3000-4000 words, incl. footnotes; you should work with relevant literature - and case-law if relevant) on one of the following topics (the choice is completely yours).

1) The relevance of peer review constitutionalism. You should identify - both on the general level and with regard to some concrete examples, what are the advantages and disadvantages of "peer review constitutionalism" or "international constitutionalism, i. e. the phenomenon, in which international law and international institutions enforce rules with "constitutional content" (rule of law, separation of powers, democracy etc.) vis-a-vis states. Is such a evolution of constitutionalism relevant and beneficial? Does it depend on context?

2) The people or the courts? Who should decide about fundamental rights' development? The essay should answer this question - again both at the general level and ideally with regard to some examples. Examples can include contemporary controversies such as the right to same sex marriage (should the Parliament decide whether to allow it or are the courts legitimate enough to find such right in the general constitutional provisions?) or climate lawsuits.