Suchergebnisse

Is there space for particularism which would limit the implementation of European Union law in a constitutional democracy? This is the question the recently published book edited by Kriszta Kovács seeks to answer. The open-access volume examines courtroom national identity claims in Central Europe and examines these claims through the lens of particularism. By taking […]

Citizenship was the mark of political belonging in Europe in the twentieth century, while estate, religion, party, class, and nation lost political significance in the century of extremes. Struggles for Belonging. Citizenship in Europe, 1900–2020 (OUP, 2021) demonstrates this thesis by examining the legal institution of citizenship with its deciding influence on the limits of […]

Even in seemingly stable political communities such as the EU or the UK, secessionist movements regularly put forward their claims for independence. This poses a challenge for both constitutional and international law. The first challenge is that state creation is both political and legal. No right to self-determination or secession – even if it exists, […]

There are many different criteria that can be used to assess the state of a political regime. One, if not the most important criterion is whether the regime respects and actively protects the fundamental human rights of its subjects. Women's rights are human rights. Women, like men, have a human right to pursue happiness. Like […]

War is barbaric and wrongful—at least for Kantians. For Kantians, there are no just causes for war as such. War is permissible only when it is the only way to secure peace, in self-defense. A Kantian theory of war is thus particularly interesting as it fleshes out the constitutive tensions of the use of violence. […]

Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. Today, proportionality is perceived as a model of legal reasoning or even an emerging global grammar of constitutional adjudication. During the last decades, it has been at the core of a prescriptive human […]

The UN High Commissioner for Human Rights, Michelle Bachelet, recently called for the end to all forms of violence and a return to peaceful dialogue in response to Colombia's recent protests by a wide range of civil society groups and trade unions disillusioned by the failure of the 2016 peace agreement to resolve the root […]

In 2021, Germany faces important general elections both at the state and the federal level. Holding elections in the middle of a pandemic is challenging. Organizing free and fair elections is even more so. But when is the election free and fair? This piece presents the answers given by the European Convention on Human Rights […]

Sometimes we get overwhelmed by the uncertainties of life and the open-endedness of the future. The pandemic gripping the world in 2020 is one such instance. As the virus spread, a sense of personal vulnerability spread together with radical uncertainty, barely masked by incessant talk about changing risk calculations. In such moments many of us […]

When members of a society encounter systematic discrimination and marginalization in their everyday lives and in the political system, this jeopardizes democratic legitimacy. From a democratic theory perspective, the extent to which a political system succeeds in guaranteeing the freedom, equality, physical integrity, and self-determination of all of its citizens is a valuable measure of […]

A response to Jürgen Gerhards and Michael Zürn The systemic competition between China and liberal democracies has reached a new level. In addition to economic growth and development, managing the COVID-19 crisis has become a new benchmark for comparing the performance of alternative scripts. Jürgen Gerhards and Michael Zürn have called out China as the […]

Does the management of the coronavirus crisis show the superiority of a technocratic autocracy? For a long time, social scientists have assumed that the liberal model of society consisting of individual self-determination, democracy, capitalist market economy, and welfare state was the ideal way to social development and modernization. This belief was not only based on […]

Gegenstand der Untersuchung ist der zwischen Nationalstaaten sich intensivierende Steuerwettbewerb um mobiles Kapital. Es wird die Besteuerung von Kapitalgesellschaften sowie die Besteuerung von Zinserträgen privater Haushalte ökonometrisch analysiert. Zudem untersucht die Studie speziell am Beispiel Deutschlands Gewinnverlagerungsaktivitäten multinationaler Unternehmen. Ergebnis der Untersuchung ist, dass Steuerwettbewerb um Unternehmen vor allem um mobile Unternehmensgewinne geführt wird, während Steueroasen im Bereich der Zinsbesteuerung aufgrund der Bedeutung ihres Bankensektors keinen Anreiz zur grenzüberschreitenden Kooperation haben.