Comparative constitutional law is currently undergoing a significant transformation on a global scale. Especially in the field of comparative constitutional studies, the recent past has witnessed an unparalleled number of important developments. Heralding an era of bold change and disruptive trends, these diverse developments have redefined the landscape of the field of comparative constitutional law. Not only countries with weak democratic institutions but also more stable and mature democracies are threatened by these phenomena of backsliding or regression: this is a stark reminder of the inherent contradictions and weaknesses of constitutional democracy. In light of these developments, the contribution reflects on the most pressing epiphenomena of the crisis of constitutional democracy and it tries to sketch out possible research itineraries in the field of comparative constitutional law and EU law in search of a new balance between the two defining elements of constitutionalism: power and rights.
Current trends and challenges in comparative constitutional law: In search of a new equilibrium / A. Baraggia. - In: MAASTRICHT JOURNAL OF EUROPEAN AND COMPARATIVE LAW. - ISSN 1023-263X. - 30:6(2023 Dec), pp. 705-718. [10.1177/1023263X241255434]
Current trends and challenges in comparative constitutional law: In search of a new equilibrium
A. Baraggia
2023
Abstract
Comparative constitutional law is currently undergoing a significant transformation on a global scale. Especially in the field of comparative constitutional studies, the recent past has witnessed an unparalleled number of important developments. Heralding an era of bold change and disruptive trends, these diverse developments have redefined the landscape of the field of comparative constitutional law. Not only countries with weak democratic institutions but also more stable and mature democracies are threatened by these phenomena of backsliding or regression: this is a stark reminder of the inherent contradictions and weaknesses of constitutional democracy. In light of these developments, the contribution reflects on the most pressing epiphenomena of the crisis of constitutional democracy and it tries to sketch out possible research itineraries in the field of comparative constitutional law and EU law in search of a new balance between the two defining elements of constitutionalism: power and rights.File | Dimensione | Formato | |
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