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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
  • Referendums in the UK Constitution: Authority, Sovereignty and Democracy after Brexit
  • Michael Gordon
  • Published online by Cambridge University Press: 07 August 2020, pp. 213-248
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    UK constitution after Brexit – Status of referendums – Use and reception of referendums in the UK – Absence of definitive constitutional framework – Complex legal nature of ‘advisory’ and ‘binding’ referendums – Deeper constitutional impact on concepts in the political constitution – Regular and irregular authority – Parliamentary and popular sovereignty – Representative and direct democracy – Possibility of reform – A potential UK Referendums Act – Difficulties with an overarching statutory framework – Limitations of continued constitutional accommodation of referendums

  • The Merkel Court: Judicial Populism since the Lisbon Treaty
  • Florian Meinel
  • Published online by Cambridge University Press: 07 February 2023, pp. 111-140
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    The German Federal Constitutional Court’s recent case law in context – A systematic account of the Federal Constitutional Court’s changing constitutional imagination – The constitutional footprint of the grand coalitions during Angela Merkel’s 16-year term as German Chancellor – The changing architecture of parliamentary government in the Federal Republic and the role of the Court – The supermajoritarian structure of the German political system – Majority rule and veto players – Legislation and parliamentary oversight – Executive autonomy and parliamentary control – Political representation and counter-representation by the Court – The constitutional nature of cabinet and ministerial responsibility – constitutional limits of political speech in government office – The normative model of administrative constitutionalism – The pouvoir neutre in the German constitution – The constitutionalisation of distributive justice

  • 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.

  • 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

  • Infringement Actions 2.0: How to Protect EU Values before the Court of Justice
  • Matteo Bonelli
  • Published online by Cambridge University Press: 17 March 2022, pp. 30-58
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    Infringement actions and EU values – constitutional backsliding in Hungary and Poland – the role of the Court of Justice – judicial independence and Article 19 TEU – the Charter of Fundamental Rights – the toolkit to protect EU values – political and judicial mechanisms – a bottom-up approach

  • The EU Recovery Instrument and the Constitutional Implications of its Expenditure
  • Antonio-Martín Porras-Gómez
  • Published online by Cambridge University Press: 16 November 2022, pp. 1-24
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    2021–2027 Recovery Plan for Europe and its Recovery and Resilience Facility have altered elements of the EU institutional equilibrium – constitutional consistency of the ensuing design – implications for the constitutional evolution of the EU – analysis of the expenditure of the Recovery and Resilience Facility – new fiscal economic stabilisation function – conditionality attached to the funds – strengthened role of the Council – nuanced multi-level financial governance – the fiscal stabilisation function enshrines a potential form of constitutional mutation – the new institutional framework for the expenditure of the EU funds seems to lean towards an intergovernmental preeminence

  • Countering the Judicial Silencing of Critics: Article 2 TEU Values, Reverse Solange, and the Responsibilities of National Judges
  • Armin von Bogdandy, Luke Dimitrios Spieker
  • Published online by Cambridge University Press: 13 September 2019, pp. 391-426
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    EU Rule of law crisis – Article 2 TEU – EU values – EU fundamental rights – Freedom of speech – Member state courts – Interpretation of national law in conformity with Article 2 TEU values – Preliminary reference – Duty of referral – Criminal liability of judges – Reverse Solange – ASJP judgment – Judicial applicability of Article 2 TEU – Value-oriented interpretation of EU law – Mutual Amplification – Essence of EU fundamental rights – L.M. judgment – Aranyosi judgment – Federal balance – Red lines – Systemic deficiencies – Solange presumption – Mutual trust

  • The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design
  • Roger Masterman
  • Published online by Cambridge University Press: 23 February 2023, pp. 88-110
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    The United Kingdom Human Rights Act 1998 – Constitutional migration – Impacts of legislative design and process on the internalisation of international standards – A taxonomy of migratory patterns under the Human Rights Act – Constitutional migration as a source of constitutional instability – Proposals for a British Bill of Rights