25 June 2020
Bringing a Hammer to the Chess Board
In cases where constitutional law is slowly losing its normative force, sophisticated doctrinal-conceptual systems (Verfassungsdogmatik) may even become ridiculous and, to some degree, dishonest. While showing a very few examples of doctrinal absurdities in a judgment of a captured and subservient constitutional court can be meaningful (also in order to corroborate the claim about its captured nature), writing a thorough doctrinal analysis on such a judgment is a futile, frustrating and meaningless exercise. A thorough doctrinal analysis can even legitimize the theater of legalism by taking seriously words which are not worth to be taken seriously. Judicial decisions of captured courts and doctrinal writings of pro-autocracy academics in these countries can be viewed as merely performative acts (as opposed to reasons). Continue reading >>
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18 October 2019
Closing Loops, Unclosing Loops
On elections in Poland and Hungary and other constitutional matters of hope and despair. Continue reading >>20 September 2019
A Bug, not a Feature
On empty concepts, blind spots and other matters of constitutional visibility. Continue reading >>13 September 2019