Traditions and Transformations

Atoll Island States and International Law

“…This could create a "win-win" situation where Atoll Island States get access to finance to build coastal defences and raise the island in return for trading its resources. 204 Lusthaus (2010), pp. Although it is possible to build improved and less reflecting coastal structures, often any such constructions do lead to deterioration in water quality, 203 which can have a detrimental effect on corals.…”

“…Several commentators have thus argued UNCLOS should be modified or that at least there should be a movement to a more progressive interpretation of some of its clauses. See Alliance of Small Island States (AOSIS) Aquaculture, 83 Aquifer, 53 Aragonite,45 Archipelago,16,63,83,126,128,133,142,144,149,166,168,195,196,212, , 4, 7, 122, 159, 161-163, 166-170, 177, 178, 190, 285 structures, 158, 164 Asylum seeker, 223,231,236,[239][240][241]248,255 Atlantic Ocean,14,4,5,140,156,171,177,196,199,[202][203][204][205][206][207][208][210][211][212][213]288 effectiveness,88,155,175,184,186 extinction,<...>…”

The Democratic and Social Constitutional State as the paradigm of the post-World War II European constitutional experience

“…For instance, only occasionally has the dream of a society that in all its components holds to constitutional commitments and contributes to the process of constitutional interpretation become a reality. 156 As observed, practices of constitutional politics encountered variable support in contemporary societies, and also the expertise-based constitutional culture favoured by constitutional adjudicators and the legal community at large have left at least part of the potential of constitutional commitments unexpressed. 157 Third, the DSCS has shaped European legal and political life, giving birth to a social model of unprecedented success in terms of general welfare and political consensus.…”

The Justicization of Politics: Constitutionalism and Democracy in Germany after 1949

“…The widely acknowledged success story of German constitutionalism is first and foremost a legal one that equates constitutionalism with rights, courts and juridical doctrines. Therefore, not surprisingly, recent research on German constitutionalism focused exclusively on legal topics like the rise of the FCC, the value-model of the constitution (Collings 2015;Hailbronner 2015;Rensmann 2006), the increasing significance of fundamental rights, and the proportionality test (Somek 2014;Huscroft et al 2014;Kumm 2007). By contrast, insufficient scholarly attention has been devoted to the relationship between law and politics within German constitutionalism.…”