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Comprehensive Pluralism, Liberalism, and Religious Liberty
Divisiveness over the meaning of the free exercise of religion has increased in recent years. Exemption requests and litigation have come not from...
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Minority Rights
Minority rights form a special category of human and fundamental rights that apply to individuals and members of specific ethnic, linguistic,...
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Limitation and Derogation of Fundamental Rights
Legislators can limit fundamental rights in different ways: While only some fundamental rights in human rights texts are guaranteed as absolute...
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Civil Liberties II: (Freedom of Thought, Expression, Religion, Assembly, Association, and Movement)
The reader is introduced to the design of constitutional civil liberties clauses relating to the Freedom of thought, conscience, as well as to...
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Rights of Children, the Elderly and Persons with Differing Abilities
The Convention on the Rights of the Child (CRC) is one of the few international conventions on children’s rights that has been signed by almost all...
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Judicial Protection of Fundamental Rights
The implementation and enforcement of fundamental rights through judicial protection, national individual complaints procedures, non-judicial...
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Civil Liberties I (Freedom, Life, Liberty, Privacy)
The reader is introduced to the design of constitutional civil liberties clauses relating to the general freedom to act, the right to life, physical...
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Rights and Principles of the Economic, Social and Cultural Order
Human Rights (HR) make human life a free and independent one for all. The article foresees an overview of the development of especially Economic,...
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Specific Judicial Rights
It is suggested that a modern constitution should include specific judicial rights such as the right to a natural judge, the presumption of...
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Impeachment in History and Thought
The portrayal of impeachments in textbooks and media often carries with itself several myths and misunderstandings. By analysing, the impeachment’s...
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Legal Aspects of Impeachment in Comparison
Do impeachments act the way they act because of their actors’ intentions or because of the institutes inherent design? To answer this question,...
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Legislative Debates in Parliament as a Source of Statutory Justification: A Framework for Analysis and Evaluation
According to the ideology underlying our legal systems, parliamentary debates are supposed to be a crucial element of the public justification and...
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Minimum Vital Income: A Legislative Debate from the ‘Participant-Observer’ Perspective
In January of 2022, the Minimum Vital Income Law came into effect after a long parliamentary process that began in June of 2020. Over the course of...
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Introduction
This introduction serves as a starting point for the scientific analysis of the complex coexistence of different fundamental rights regimes,...
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The Implementation of Charter Rights in the Austrian System of Fundamental Rights Protection
After having excluded infringements of European law to a large extent from its jurisdiction, in 2012 the Austrian Constitutional Court has stated in...
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Poking the Bear or Waking the Slee** Beauty? The Potential of Fundamental Rights Complaint Procedures Before the CJEU
The idea of an individual fundamental rights complaint before the CJEU is not new, but the respective discussions have fallen silent after the...
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The Charter of Fundamental Rights in the Case Law of the ECJ: The Significance and Decisive Advantages of a Functional Approach
Fundamental rights have been a significant component of European Union law for decades and an integral normative element of primary law since the...
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Sweden, Fundamental Rights and the EU Charter
In the Swedish constitutional tradition, the idea that omnipresent fundamental rights should take precedence over national legislation and decisions...
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Avoiding the Rain or Learning to Dance in It: The Hesitations of the Spanish Constitutional Court
This chapter will present the Spanish Constitutional Court’s hesitations regarding the application of the EU Charter of Fundamental Rights. The basic...
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Realignment of the German Fundamental Rights Review: Implications of the “Right to be Forgotten” Decisions for the Application of the EU Charter of Fundamental Rights as a Relevant Standard
With its two decisions of 6 November 2019 on the so-called Right to be Forgotten (1 BvR 16/13 and 1 BvR 276/17), the Second Senate of the...