The end of “the West” and the future of Global Constitutionalism

1. The collapse of “the West”?

A century after the Russian Revolution of 1917 and more than 25 years after the collapse of the Soviet Union and the “Eastern Block”, we may now to be witnessing the collapse of the American Republic and the Western order it created and led after WWII. Whether NATO, the EU and the string of alliances the United States has built across Asia will continue to exist in three or five years is by no means a foregone conclusion, but it has become an open question. Continue reading

Impeaching Remnants of the Authoritarian Past: A Constitutional Moment in South Korea

Last Friday, effective March 10 at exactly 11:21 a.m., the sitting President Park Geun-hye was removed from her office by a unanimous decision of the South Korean Constitutional Court. With public life coming to a standstill as eyes focused on TV and internet live broadcasting, the acting Chief Justice delivered the court decision. The conclusion of the constitutional impeachment procedure marked the climax of a transformative ongoing constitutional moment in South Korea. Continue reading

Taking “The Dark Side” Seriously: Constitutionalism and the Question of Constitutional Progress

It is an obvious point that the global history of constitutionalism cannot plausibly be told as a simple progress narrative. The French and American Revolutions did not trigger an ineluctable steady march of progress. And the end of the Cold War did not bring about the realization of a world made up of liberal constitutional democracies integrated by a global rule of law. Yet it is worthwhile to pause and think more closely about the different ways in which progress narratives might be misguided and in which ways they might not be. Continue reading

Filling the Vacancy left by Scalia: The Democratic Virtues of Delay

With the death of Antonin Scalia, a vacancy of considerable political import for the future direction of the court has opened up. The quick-minded and rhetorically gifted conservative judge not only often provided a critical 5:4 conservative majority on the Supreme Court, he is also widely regarded as the intellectual leader of the conservative side of the legal establishment. With Presidential elections coming up later this year and the primaries in full swing, it has already become obvious, that appointing Scalia’s successor will not be an ordinary appointment process. Continue reading

An Empire of Capital? ISDS in CETA and TTIP as the Institutionalization of Unjustified Privilege

I. The case against ISDS in CETA and TTIP: Hysteria or genuine concern?
Among those familiar with the field of investment arbitration, the strong political reaction against the investor state dispute settlement provisions (ISDS) included in the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) and originally planned to be included in Transatlantic Trade and Investment Partnership between the EU and the US (TTIP) comes as a surprise. After all, European states have concluded more than 1400 BITS in the past. Continue reading

Harte Zeiten für Rule of Law – Die Krise des globalen Konstitutionalismus

Die Entwicklung der globalen Rechtsordnung nach dem Ende des Kalten Kriegs vollzog sich unter der Vorherrschaft der Idee eines „liberal peace“. Die Europäische Gemeinschaft war das Modell: Friede, Gerechtigkeit und Prosperität Continue reading