Global South in Comparative Constitutional LawSymposium

Pushing for Transformation

Comment on the VRÜ anniversary conference panel on “Transformative Constitutionalism”

Transformative constitutionalism is a somewhat fuzzy notion. Reflecting about its exact meaning, one wonders what it actually is that distinguishes transformative constitutions of other types of constitutions. On the surface, the qualification as transformative signifies that a constitution contains norms that describe a particular aim or status to be reached. In the German context, one might for example think of Article 3 (2) of the Grundgesetz requiring the state to …

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Current Developments

The magic effect of UN resolutions

Diplomatic restraint and a lack of protection in the ECJ Shepherd C-472/13 case

Last week, the Court of Justice of the EU delivered its judgment on an unusual asylum case. It had to decide whether and under what conditions non-combat military personnel fearing to become involved in the commission of war crimes could claim refugee status under the EU Qualification Directive (QD). Valentin Jeutner has already presented the facts of the case and a first assessment of the judgment, in which he stressed …

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