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Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.

Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Rule of Law Guardian for the Public Health Derogation
Author: Kate Shaw
In an era of Covid 19, the book The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, it The Court of Justice of the European Unionargues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe.

In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty, the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms, interreligious dialogue and peacebuilding and, not least, religious education.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration
In: EU Law and International Investment Arbitration