Constitutional comparativism in action. The example of general principles of EU law and how they are made--a German perspective

This article deals with constitutional comparativism in action. In contrast to a US view which considers constitutional comparativism to be futile, the law of the European Union explicitly relies on comparison as the core issue of general principles of EU (constitutional) law. The case law of the Co...

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Bibliographic Details
Published inInternational journal of constitutional law Vol. 11; no. 4; pp. 1003 - 1020
Main Author Mayer, Franz C
Format Journal Article
LanguageEnglish
Published 01.10.2013
Subjects
Case studies
Constitutional Law
Constitutionalism
Courts
Europe
European Court of Justice
European Union
Germany
International Law
Justice
Law
Member states
U.S.A
United States
United States of America
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Summary:This article deals with constitutional comparativism in action. In contrast to a US view which considers constitutional comparativism to be futile, the law of the European Union explicitly relies on comparison as the core issue of general principles of EU (constitutional) law. The case law of the Court of Justice of the European Union (CJEU) includes constitutional law comparisons that matter. This article deals with questions such as whether the comparative efforts lead to better law, whether they are only subjective views in disguise, and how the CJEU model of comparative constitutionalism in action affects players and their perspectives in the member states. The answers will help to better understand the potential and the limits of comparative constitutionalism. Adapted from the source document.
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ISSN:1474-2640
1474-2659
DOI:10.1093/icon/mot046