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Most read

This page lists the top ten most read articles for this journal based on the number of full text views and downloads recorded on Cambridge Core over the last 30 days. This list is updated on a daily basis.

Contents

  • The Janus-Faced Nature of the Executive

  • Kas de Goede
  • Published online by Cambridge University Press: 08 September 2023, pp. 1-14
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  • Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context

  • Mark Elliott
  • Published online by Cambridge University Press: 14 January 2021, pp. 625-646
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  • For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned reforms, such as the enactment, in the late 1990s, of legislation to give domestic effect to the European Convention on Human Rights and to introduce devolved systems of government in Scotland, Wales and Northern Ireland. In contrast, more recent upheaval is attributable to often unexpected reactions to often unexpected events. For example, legislation making substantial changes to the devolution scheme in Scotland – providing, among other things, for the constitutional permanence of the Scottish Parliament and Government – was enacted to implement panicked promises made by UK politicians in the dying days of the Scottish independence referendum campaign, at which point a vote in favour of independence seemed a distinct possibility. And then, needless to say, there is Brexit – about which it is almost impossible to be guilty of hyperbole when describing its constitutional implications, so numerous and potentially far-reaching are they.

  • The Inapplicability of the Bosphorus Presumption to the European Economic Area Agreement: A Risk for the Coherence of Legal Systems in Europe

  • Umberto Lattanzi
  • Published online by Cambridge University Press: 11 September 2023, pp. 1-21
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  • The European Court of Human Rights holds that the Bosphorus presumption of equivalent protection cannot apply to the European Economic Area (EEA) Agreement – Its reasons focus on EEA Agreement’s lack of primacy, direct effect and adequate enforcement mechanisms – Not applying Bosphorus presumption to EEA Agreement results in the indirect review of EU law by the Strasbourg Court, given that EEA and EU law are substantially identical – Court’s arguments are open to strong criticism – However, its conclusions are correct – They are substantiated by two considerations, which were overlooked by the Court – First, EEA law is to be considered ‘freely entered into’ international law under the Matthews case law – Second, the EFTA Court lacks the power to strike down EEA law breaching upon fundamental rights – Both these consideration are the corollary of the fundamental premises of the EEA Agreement: the retention by EFTA states of sovereign decision-making powers – Refusal to apply Bosphorus presumption to EEA Agreement will likely determine a growing inconsistency between the Convention, EU and EEA law – This entails serious systemic problems

  • Controlling the Narrative: Hungary’s Post-2010 Strategies of Non-Compliance before the European Court of Human Rights

  • Ula Aleksandra Kos
  • Published online by Cambridge University Press: 26 April 2023, pp. 195-222
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  • Focus of the literature on the European West, overlooking the marginalised European Central-East – Assumption of all illiberal states equally resisting international courts – Hungary’s unique subtle push-back against the European Court of Human Rights compared to overt resistance against the European Court of Justice – Empirical analysis of original data – Three strategies to control the narrative of compliance – Status signalling to avoid international and domestic political repercussions – Friendly settlements and unilateral declarations as means of avoidance – Disguised non-compliance to convey bona fides – Negative narrative to subvert public opinion – Explaining state behaviour through rationalism and constructivism – Complementing constructivism with the identitarian counterwave in recently-emerged illiberal states – EU membership as a constraint – Illiberalism as fuel for Hungary’s resistance against the Strasbourg Court

  • Sandwiched between Strasbourg and Karlsruhe: EU Fundamental Rights Protection

  • Published online by Cambridge University Press: 18 August 2016, pp. 213-222
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  • Constitutional Design and the Seeds of Degradation in Divided Societies: The Case of Bosnia-Herzegovina

  • Lidia Bonifati
  • Published online by Cambridge University Press: 13 July 2023, pp. 223-248
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  • Constitutional design – Constitutional degradation – Power sharing – The rule of law – Constitutionalism – Constitution making – Constitutional transition – Divided societies – Role of internal diversity – Bosnia-Herzegovina – Inherent degradation – Dynamic degradation – European Court of Human Rights – Sejdić and Finci – Constitutional Court of Bosnia-Herzegovina – Compliance issues with court judgments – Repression of the public sphere – Electoral discrimination of national minorities – High Representative – Lack of local ownership

  • Judicial Independence in European Constitutional Law

  • Rafael Bustos Gisbert
  • Published online by Cambridge University Press: 01 December 2022, pp. 591-620
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  • Judicial independence in the context of rule of law backsliding – a systematisation of case law from the Court of Justice and the European Court of Human Rights – classic dimensions of objective and subjective independence of judges – a new third dimension: the right of judges to their own independence as final safeguard

  • Spain, Judicial Independence, and Judges’ Freedom of Expression: Missing an Opportunity to Leverage the European Constitutional Shift?

  • Joan Solanes Mullor
  • Published online by Cambridge University Press: 11 July 2023, pp. 271-293
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  • Judicial independence as a European constitutional principle – Freedom of expression of judges in connection with judicial independence – Rule of law backsliding – Catalan secession crisis – Spanish Constitutional Court disqualification doctrine of magistrates – Freedom of expression of judges in favour of the Catalan secessionist movement – Spanish soft law on judicial independence

  • The Grand Gala of PNR Litigations: Case C-817/19, Ligue des droits humains v Conseil des ministers

  • Elif Mendos Kuşkonmaz
  • Published online by Cambridge University Press: 11 July 2023, pp. 294-319
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