Can Law Be (almost) Poetry?

Constitutionalism
Written and spoken words are not intended to fill a gap. Filling a gap is a crime against the gap. An empty space can have a strong message value. The empty space is the sanctuary and treasury of the unspoken, and in the unspoken lies the greatest wealth of all,…

A Populist Monster and the future of Constitutional Democracy

Constitutionalism
Abstract: The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental…

Unconstitutional Constitutional Amendment Doctrine: On Why It Should Be Acceptable for Constitutional Courts in the Council of Europe Member States – and in Slovenia

Constitutionalism
Abstract The doctrine of an unconstitutional constitutional amendment is considered a special, controversial topic of constitutional law theory. In recent years, several books have been written and published on this topic. The author points out that in the last twenty years he has not significantly changed his view of this…

An essay on three constitutionally important questions

Constitutionalism
In this short essay, I will do three things. Firstly, I will repeat the constitutional interpretation of the central and therefore very important constitutional concept, which has already been repeated several times. I will do this for two reasons. First, because a correct understanding of this concept is directly related…

Essay on “constitutional democracy”

Constitutionalism
Introduction It is worth repeating this at the beginning. Social-liberal constitutional democracy is based on fundamental principles and rules, which are moral and normative in nature and therefore represent a value. We can speak of a social-liberal constitutional democracy as a value, especially if we understand the CONSTITUTION to be…

Constitutional grammar: An amendment to the Constitutional text may be an unconstitutional constitutional act, and the Constitutional Court is “competent” to review the constitutionality of legal acts of constitutional rank

Constitutionalism
Assoc. prof. dr. Andraž Teršek THE STATE OF AFFAIRS Everything I do, or not do, regarding the law and communicating the law in public, is founded with the best possible intentions. In undisputed bona fide manner. Sometimes my fellow professors and legal scholars/theoreticians and me, who belong to the generation…

A critique of Wrong Constitutional Teaching Regarding the Concept of “Sovereignty of the People” and the Prevailing Model of Constitutional Democracies in Europe

Constitutionalism
Foundational Model of Constitutional Democracy ArticlesJune 18, 2020 Introduction Models of constitutional democracy do matter! By “models” I especially refer to the distinction between monistic, dualistic and foundational models of constitutional democracy (as described in Bruce Ackerman’s book: We the People 1. Foundations.  1992). Different models of constitutional democracy established…

On Virtuosity and Greatness of Mr. NICK CAVE (and its/his implicit connection with the LAW): There is more Heaven in Hell than we have been told

Constitutionalism
By Andraž Teršek Pain as freedom of choice. Right to the event. To transcendence. Event as freedom of self-realization. On the concert (or better, on a philosophical-artistic performance, non-institutionalized artistic-musical Mass, musical-dramaturgical transcendence and finally the genuine ethics of pure (Aristotelian) politics as physical, thinking and feeling participation in the…
Meni