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What Constitutions Can Do (But Courts Sometimes Don't): Property, Speech, and The Influence of Constitutional Norms on Private Law. CES Working Paper, no. 110, 2004

Gerstenberg, Oliver. (2004) What Constitutions Can Do (But Courts Sometimes Don't): Property, Speech, and The Influence of Constitutional Norms on Private Law. CES Working Paper, no. 110, 2004. [Working Paper]

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    Abstract

    Against the background of the ECtHR's recent decision in Appleby v UK (a European “counterpart” to the well-known US Supreme Court decision in Marsh v Alabama) the paper addresses, first, the issue of the influence, often perceived as dilemmatic, of human rights norms and constitutional norms on private law. In a second step, then, the paper discusses the promise—and a possible dilemma—of “comparative constitutionalism” as an engine of a more denationalized “constitutional patriotism”: the dilemma that we trade the “closure” of domestic exceptionalism against the new, systemic “closure” of “too much” judicial comity and professionalism, the closure of a new Juristenrecht.

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    Item Type: Working Paper
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJC > human rights
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Harvard University, Center for European Studies > CES Working Papers Series
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 17 Aug 2009
    Number of Pages: 15
    Last Modified: 28 Aug 2013 12:30
    URI: http://aei.pitt.edu/id/eprint/9042

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