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Konrad Lachmayer

Sigmund Freud University, Faculty of Law, Professor

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Konrad Lachmayer is Professor for public law and European law, vice-dean of research and director of studies (LL.M Public International Law in collaboration with UNITAR) at the Sigmund Freud University in Vienna.

Prof. Lachmayer studied law at University of Vienna and visited the University of Cambrige (United Kingdom), the Max-Planck-Institute for Comparative Public Law and International Law (Germany), the Central European University (Hungary), the University College Dublin (Ireland) and the University of Virginia (USA).

From 2013/14 he held a research chair at the Institute of Legal Studies, Centre for Social Sciences at the Hungarian Academy of Sciences and was research fellow at Durham Law School.

His research and teaching focuses on International Constitutional Law, especially the methodology of constitutional comparison, counter-terrorism activities, especially data protection, and Austrian and European public law, especially democratic legitimation, rule of law and human rights. Moreover, he does research in the field of legal education.
Phone: +43 676 566 599 2
Address: Lassallestrasse 3
1020 Vienna
Austria

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Papers by Konrad Lachmayer

AI, plurality and democracy. Reflections on the impact of Large Language Models like ChatGPT on the rule of law and democracy

This article analyses the possibilities and risks of generative AI, such as ChatGPT, with regard ... more This article analyses the possibilities and risks of generative AI, such as ChatGPT, with regard to law and democracy by examining the fundamental characteristics of such AI systems and then discussing their potential impact on law and democracy. It clarifies what this form of artificial intelligence is, what its capabilities are and where its limits lie. Building on this, the concept of law is scrutinised and how the increased use of AI would affect the law. The reduction of different opinions and perspectives of people through the use of AI has toe be recognised. Systems such as ChatGPT represent a certain set of values. Although the system is able to learn and change opinions, it monopolises both the language and the way of thinking represented. Instead of relying on the plurality of people, a linguistic and legal monoculture is created. Linked to this, the effects of these developments on democracy must be analysed. Today, the legal system plays a decisive role in stabilising democracy. If we interfere with this, the effects on democracy could be dramatic. The newly adopted Union AI Act is seen as a solution to the issues that have arisen with generative AI, but it is important to critically scrutinise the extent to which the AI Act effectively addresses the risks discussed here.

An Introduction to Austrian Legal Culture

An Introduction to Austrian Legal Culture, in Sören Koch and Marius Mikkel Kjølstad (ed), Handbook on Legal Cultures. A Selection of the World's Legal Cultures (2023) Springer Publishing 75-105, 2023

The following paper questions of conflict resolution, norm production, the idea of justice, legal... more The following paper questions of conflict resolution, norm production, the idea of justice, legal methodology, professionalisation and internationalisation in the Austrian legal order.

Austria can be understood as a classic civil law country. The Austrian legal culture was strongly shaped by legal history and the establishment of legal education centuries ago. The traditional legal professions and their representatives also have an important impact on legal culture in Austria. The public administration also embodies legal knowledge; legal culture developed during the last 250 years. In the last decades, this traditional understanding has been shifting enormously towards a European approach. Austrian legal culture is first and foremost accommodating towards European law, including the ECHR as part of the Austrian Constitution and EU law. The case-law of both the ECtHR and the CJEU is of major importance for the Austrian legal system. In this regard, the Austrian legal culture can serve as an example for the impact of case-law oriented towards European law on civil law systems.

Challenges for liberal democracy in Austria. Lessons Learned from Current Government Crises

Bertrand Mathieu / Georges Katrougalos (eds), The Crisis of Liberal Democracy. Diagnostics and Therapies (2023) Intersentia 127-138, 2023

Democracy in Austria has faced a number of challenges over the last few years. The various proble... more Democracy in Austria has faced a number of challenges over the last few years. The various problems, as well as the reasons for them, are closely linked. The increasing instability of the federal government triggered by corruption could be observed to have the greatest impact on Austrian democracy, with the underlying issue here being the resurrection of populism in Austria. Populism has intensified the polarisation of society in Austria, a phenomenon which can also be detected in many other countries. Crises, such as the COVID-19 crisis since 2019 or the so-called migration/refugee crisis in 2015, highlight the fragility of society, though they do also show off its resilience. Meanwhile, a deeper lying factor in these developments has become visible, which is the role of globalisation in Austrian society.

Empowering Cities by Constitutional Pluralism

Contrary to a first impression that constitutional law and cities are conceptually decoupled, thi... more Contrary to a first impression that constitutional law and cities are conceptually decoupled, this chapter illustrates the links between cities and constitutions. Although the post-Westphalian world turned away from the constitutional roots of cities, urban concepts of constitutional law survived-at least to a certain extent. The steadily increasing importance of cities in the last decades has increased the possibilities for cities to re-enter the constitutional sphere. As Hirschl has shown, the potential for further empowerment of cities through constitutions and constitutional law is significant. Constitutional pluralism can help to understand the constitutional dimension of cities within their own legal orders, the urban dimension of domestic constitutional law, and the transnational and international dimension of global networks of cities.

Democracy, Death and Dying: The Potential and Limits of Legal Rationalisation in Times of COVID-19

Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19, 2022

The first part and starting point of the chapter (section II) refers to the shift of the paradigm... more The first part and starting point of the chapter (section II) refers to the shift of the paradigm of death from an unpredictable though inevitable condition of life to the economised timing of death. Th is rationalised approach has given governments the possibility to infl uence death and dying. In terms of Foucault ’ s bio-politics, governments not only control the bodies of the people, but also decide upon their life and death. During the COVID-19 pandemic, (European) states have come under pressure to protect the lives of the people and to keep death rates low. This role of the state in managing death and dying is also expressed in law, which I will focus on in the second part of the chapter (section III) . Democratic processes have created the legal framework of life and death (legal thanatology). Budgetary law can serve as an example for the democratic decision-making about life expectancy. As courts strengthen and enhance the eff ectiveness of rights, they also have an eff ect on the life and death of human beings. While the discussion on a traditional liberal rights perspective can be understood as an empowerment of the people to decide for themselves about life and death (individual autonomy), state obligations to guarantee liberal rights (eg, the right to life) or social rights (eg, right to health) aff ect the government ’ s decisions about life and death. The possibilities and limits of the rationalising function of the rights-based case law will be discussed. In the third part of the chapter (section IV) the eff ects of legal thanatology in the COVID-19 pandemic will be analysed. Diff erent approaches of European democracies illustrate that decision-making on life and death will lead to different consequences. Moreover, an international perspective demonstrates European privileges as well as European responsibilities in a post-colonial world. In the concluding section V , the necessity to negotiate about death and dying in democratic societies will be addressed.

Conclusions: Pandemocracy - Governing for the People, without the People? in: Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19

Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19. Ed. Matthias C Kettemann and Konrad Lachmayer. Oxford: Hart Publishing, 2022. 329–346. Bloomsbury, 2022

The COVID-19 crisis took European governments by surprise. This unpreparedness was not, however, ... more The COVID-19 crisis took European governments by surprise. This unpreparedness was not, however, truly justifi ed, since various epidemics had spread locally and globally within the last two decades. Since the COVID-19 pandemic affected people around the globe to a diff erent degree than previous pandemics, a more differentiated approach was required, but had not been elaborated in advance.Governments were forced to make rapid decisions in a complex and uncertain
situation. While European governments had faced many different crises in the last two decades, a pandemic of this dimension and severity had not been experienced in Europe for a long time. European governments were unprepared, both on the domestic front and on the transnational European level.

Judging, Fast and Slow Constitutional Adjudication in Times of COVID-19

Saša Zagorc / Samo Bardutzky (eds), Constitution at the Brink of a State of Emergency. Celebrating Thirty Years of the Constitution of Republic of Slovenia (1991-2021) University of Ljubljana, Faculty of Law , 2022

During an emergency, time is of the essence. While the executive branch may make quick decisions,... more During an emergency, time is of the essence. While the executive branch may make quick decisions, courts in general, and supreme and constitutional courts in particular, seem to act relatively slowly. Nevertheless, the function of constitutional review becomes even more important when emergency measures introduced by the executive infringe fundamental rights, violate the rule of law or undermine democracy. The following paper analyses the potential, possibilities and perspectives of fast-track constitutional adjudication and contrasts it with slower forms of judicial review. Recent developments during the COVID-19 crisis serve as an example.

Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations to Recent Developments of the Austrian Constitutional Court

The paper brings together different perspectives of the topic over the last decades and claim the... more The paper brings together different perspectives of the topic over the last decades and claim the following hypotheses. First, the Austrian Constitutional Court´s methodological approach changed over time, but these changes did not relate to the populism. Second, the Court shift-ed in the last 10 years from a rights promoting approach to a rights protecting approach and became more self-restraint (again). Third, the Constitutional Court was confronted with dif-ferent waves of populism. Fourth, the Court maintained its overall methodological approach when the Court was confronted with populism.

Regarding the analysis of these hypotheses the paper focuses in a first step on the develop-ment of populism in Austria. Discussing the question, what can be understood by populism in the Austrian context, the analysis focuses on the rise of populist Freedom Party in Austria and follows the trace of populism to the New People’s Party. In a second step the different ap-proaches of courts towards populism will be examined and be applied to the Constitutional Court´s methodological approaches and its reaction to populism.

Disempowering Courts. The Interrelationship of Courts and Politics in Contemporary Legal Orders or the Manifold Ways of Attacking Judicial Independence

Constitutional Courts are under attack these days. To understand the developments of the last yea... more Constitutional Courts are under attack these days. To understand the developments of the last years, the paper analysis the rise of courts in contemporary legal orders as a first. The legal power as well as the political influence of courts increased significantly in the last 30 years. Based on these developments, the scholarly debate focused on questions of the interrelation between the legislator and the judiciary. In the meantime, we can, however, observe the rise of the executive, which re-gains power and affects the role of the courts (as well as other actors). The consequences especially in the context of neo-authoritarianism and nationalism are an attack on courts in manifold ways. The paper identifies and structures these strategies of disempowerment of courts. This includes increasing institutional influence on courts, personal pressure on judges as well as procedural changes, which create possibilities of control and limitation of courts. In conclusion of these developments, an erosion of the rule of law can be identified. Finally, strategies are developed by the paper, how courts in transnational networks could support each other and how civil society can strengthen the importance and the resilience of independent courts.

Constitutional Reasoning as Legitimacy of Constitutional Comparison

German Law Journal 2013, 1463–1491

The Challenge to Privacy from Ever Increasing State Surveillance: A Comparative Perspective

by Normann Witzleb and Konrad Lachmayer

(together with Normann Witzleb), UNSW Law Journal Vol 37 (2), 748–783

Teaching Constitutional Comparison. Changing the Culture of Legal Education

in Busch et al (eds), International Constitutional Law in Legal Education (2014) Facultas Pub. in... more

Counter-Developments to Global Constitutionalism

The following paper focuses on the counter-developments to global constitutionalism, distinguishi... more The following paper focuses on the counter-developments to global constitutionalism, distinguishing between anti-globalisation developments and anti-constitutionalism developments, but also uncovering the interrelations between the two. The Hungarian example shows both elements of counter-developments to global constitutionalism clearly. The vicious attack on the CEU can be understood as an anti-global and, thus, nationalistic approach of the Hungarian government. Both approaches (anti-globalisation/anti-constitutionalism) play an important role nowadays and their interrelation finally characterises the overall developments, which can be observed all around the globe.

Constitutional authoritarianism, not authoritarian constitutionalism! A Constitutionalist View

voelkerrechtsblog.org, 2017

In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing... more In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging. These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international 

The Relevance of Constitutional Law

Neo-Federalism Working Paper, 2015

This paper questions the relevance of constitutional law in legal systems. Comparative constituti... more This paper questions the relevance of constitutional law in legal systems. Comparative constitutional law scholars have become used to the assumption that constitutional law is a universal point of reference which can be addressed in comparison. If comparative constitutional law is intended to refer to different constitutions, it will be necessary to check the relevance of the particular constitutional law first. Comparative constitutional studies have to develop criteria to address the relevance of constitutional law on the one hand and, on the other hand should be able to go beyond constitution and law to find the relevant comparative perspective.

Formate der Rechtswissenschaft

The European Court of Human Rights and public international law : fragmentation or unity?

Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verz... more

Constitutional Courts as »Positive Legislators«

in: Brewer-Carías (ed), Constitutional Courts as Positive Legislators. A Comparative Law Study (2... more

Teaching Constitutional Comparison Changing the Culture of Legal Education

International Constitutional Law in Legal Education

Legitimacy Deficits of Austrian Legal Covid-19 Measures. From Emergency Action to Economic Crisis Governance

The Austrian Government reacted fast and successful to the Covid-19 Crisis in March 2020. The fol... more The Austrian Government reacted fast and successful to the Covid-19 Crisis in March 2020. The following paper analysis the legal and structural challenges of this response. As a state of emergency was not declared officially the Austrian Constitution had to be fully applied. Not only questions of legality of the governmental measures, especially the compliance with the constitutional principle of the rule of law, arose, but also a reluctance towards transparency and accountability could be observed. The paper looks out for the lacks of legitimacy in the governmental measures including emergency action as well as the economic crisis governance.

AI, plurality and democracy. Reflections on the impact of Large Language Models like ChatGPT on the rule of law and democracy

This article analyses the possibilities and risks of generative AI, such as ChatGPT, with regard ... more This article analyses the possibilities and risks of generative AI, such as ChatGPT, with regard to law and democracy by examining the fundamental characteristics of such AI systems and then discussing their potential impact on law and democracy. It clarifies what this form of artificial intelligence is, what its capabilities are and where its limits lie. Building on this, the concept of law is scrutinised and how the increased use of AI would affect the law. The reduction of different opinions and perspectives of people through the use of AI has toe be recognised. Systems such as ChatGPT represent a certain set of values. Although the system is able to learn and change opinions, it monopolises both the language and the way of thinking represented. Instead of relying on the plurality of people, a linguistic and legal monoculture is created. Linked to this, the effects of these developments on democracy must be analysed. Today, the legal system plays a decisive role in stabilising democracy. If we interfere with this, the effects on democracy could be dramatic. The newly adopted Union AI Act is seen as a solution to the issues that have arisen with generative AI, but it is important to critically scrutinise the extent to which the AI Act effectively addresses the risks discussed here.

An Introduction to Austrian Legal Culture

An Introduction to Austrian Legal Culture, in Sören Koch and Marius Mikkel Kjølstad (ed), Handbook on Legal Cultures. A Selection of the World's Legal Cultures (2023) Springer Publishing 75-105, 2023

The following paper questions of conflict resolution, norm production, the idea of justice, legal... more The following paper questions of conflict resolution, norm production, the idea of justice, legal methodology, professionalisation and internationalisation in the Austrian legal order.

Austria can be understood as a classic civil law country. The Austrian legal culture was strongly shaped by legal history and the establishment of legal education centuries ago. The traditional legal professions and their representatives also have an important impact on legal culture in Austria. The public administration also embodies legal knowledge; legal culture developed during the last 250 years. In the last decades, this traditional understanding has been shifting enormously towards a European approach. Austrian legal culture is first and foremost accommodating towards European law, including the ECHR as part of the Austrian Constitution and EU law. The case-law of both the ECtHR and the CJEU is of major importance for the Austrian legal system. In this regard, the Austrian legal culture can serve as an example for the impact of case-law oriented towards European law on civil law systems.

Challenges for liberal democracy in Austria. Lessons Learned from Current Government Crises

Bertrand Mathieu / Georges Katrougalos (eds), The Crisis of Liberal Democracy. Diagnostics and Therapies (2023) Intersentia 127-138, 2023

Democracy in Austria has faced a number of challenges over the last few years. The various proble... more Democracy in Austria has faced a number of challenges over the last few years. The various problems, as well as the reasons for them, are closely linked. The increasing instability of the federal government triggered by corruption could be observed to have the greatest impact on Austrian democracy, with the underlying issue here being the resurrection of populism in Austria. Populism has intensified the polarisation of society in Austria, a phenomenon which can also be detected in many other countries. Crises, such as the COVID-19 crisis since 2019 or the so-called migration/refugee crisis in 2015, highlight the fragility of society, though they do also show off its resilience. Meanwhile, a deeper lying factor in these developments has become visible, which is the role of globalisation in Austrian society.

Empowering Cities by Constitutional Pluralism

Contrary to a first impression that constitutional law and cities are conceptually decoupled, thi... more Contrary to a first impression that constitutional law and cities are conceptually decoupled, this chapter illustrates the links between cities and constitutions. Although the post-Westphalian world turned away from the constitutional roots of cities, urban concepts of constitutional law survived-at least to a certain extent. The steadily increasing importance of cities in the last decades has increased the possibilities for cities to re-enter the constitutional sphere. As Hirschl has shown, the potential for further empowerment of cities through constitutions and constitutional law is significant. Constitutional pluralism can help to understand the constitutional dimension of cities within their own legal orders, the urban dimension of domestic constitutional law, and the transnational and international dimension of global networks of cities.

Democracy, Death and Dying: The Potential and Limits of Legal Rationalisation in Times of COVID-19

Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19, 2022

The first part and starting point of the chapter (section II) refers to the shift of the paradigm... more The first part and starting point of the chapter (section II) refers to the shift of the paradigm of death from an unpredictable though inevitable condition of life to the economised timing of death. Th is rationalised approach has given governments the possibility to infl uence death and dying. In terms of Foucault ’ s bio-politics, governments not only control the bodies of the people, but also decide upon their life and death. During the COVID-19 pandemic, (European) states have come under pressure to protect the lives of the people and to keep death rates low. This role of the state in managing death and dying is also expressed in law, which I will focus on in the second part of the chapter (section III) . Democratic processes have created the legal framework of life and death (legal thanatology). Budgetary law can serve as an example for the democratic decision-making about life expectancy. As courts strengthen and enhance the eff ectiveness of rights, they also have an eff ect on the life and death of human beings. While the discussion on a traditional liberal rights perspective can be understood as an empowerment of the people to decide for themselves about life and death (individual autonomy), state obligations to guarantee liberal rights (eg, the right to life) or social rights (eg, right to health) aff ect the government ’ s decisions about life and death. The possibilities and limits of the rationalising function of the rights-based case law will be discussed. In the third part of the chapter (section IV) the eff ects of legal thanatology in the COVID-19 pandemic will be analysed. Diff erent approaches of European democracies illustrate that decision-making on life and death will lead to different consequences. Moreover, an international perspective demonstrates European privileges as well as European responsibilities in a post-colonial world. In the concluding section V , the necessity to negotiate about death and dying in democratic societies will be addressed.

Conclusions: Pandemocracy - Governing for the People, without the People? in: Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19

Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19. Ed. Matthias C Kettemann and Konrad Lachmayer. Oxford: Hart Publishing, 2022. 329–346. Bloomsbury, 2022

The COVID-19 crisis took European governments by surprise. This unpreparedness was not, however, ... more The COVID-19 crisis took European governments by surprise. This unpreparedness was not, however, truly justifi ed, since various epidemics had spread locally and globally within the last two decades. Since the COVID-19 pandemic affected people around the globe to a diff erent degree than previous pandemics, a more differentiated approach was required, but had not been elaborated in advance.Governments were forced to make rapid decisions in a complex and uncertain
situation. While European governments had faced many different crises in the last two decades, a pandemic of this dimension and severity had not been experienced in Europe for a long time. European governments were unprepared, both on the domestic front and on the transnational European level.

Judging, Fast and Slow Constitutional Adjudication in Times of COVID-19

Saša Zagorc / Samo Bardutzky (eds), Constitution at the Brink of a State of Emergency. Celebrating Thirty Years of the Constitution of Republic of Slovenia (1991-2021) University of Ljubljana, Faculty of Law , 2022

During an emergency, time is of the essence. While the executive branch may make quick decisions,... more During an emergency, time is of the essence. While the executive branch may make quick decisions, courts in general, and supreme and constitutional courts in particular, seem to act relatively slowly. Nevertheless, the function of constitutional review becomes even more important when emergency measures introduced by the executive infringe fundamental rights, violate the rule of law or undermine democracy. The following paper analyses the potential, possibilities and perspectives of fast-track constitutional adjudication and contrasts it with slower forms of judicial review. Recent developments during the COVID-19 crisis serve as an example.

Formalism and Judicial Self-Restraint as Tools Against Populism? Considerations to Recent Developments of the Austrian Constitutional Court

The paper brings together different perspectives of the topic over the last decades and claim the... more The paper brings together different perspectives of the topic over the last decades and claim the following hypotheses. First, the Austrian Constitutional Court´s methodological approach changed over time, but these changes did not relate to the populism. Second, the Court shift-ed in the last 10 years from a rights promoting approach to a rights protecting approach and became more self-restraint (again). Third, the Constitutional Court was confronted with dif-ferent waves of populism. Fourth, the Court maintained its overall methodological approach when the Court was confronted with populism.

Regarding the analysis of these hypotheses the paper focuses in a first step on the develop-ment of populism in Austria. Discussing the question, what can be understood by populism in the Austrian context, the analysis focuses on the rise of populist Freedom Party in Austria and follows the trace of populism to the New People’s Party. In a second step the different ap-proaches of courts towards populism will be examined and be applied to the Constitutional Court´s methodological approaches and its reaction to populism.

Disempowering Courts. The Interrelationship of Courts and Politics in Contemporary Legal Orders or the Manifold Ways of Attacking Judicial Independence

Constitutional Courts are under attack these days. To understand the developments of the last yea... more Constitutional Courts are under attack these days. To understand the developments of the last years, the paper analysis the rise of courts in contemporary legal orders as a first. The legal power as well as the political influence of courts increased significantly in the last 30 years. Based on these developments, the scholarly debate focused on questions of the interrelation between the legislator and the judiciary. In the meantime, we can, however, observe the rise of the executive, which re-gains power and affects the role of the courts (as well as other actors). The consequences especially in the context of neo-authoritarianism and nationalism are an attack on courts in manifold ways. The paper identifies and structures these strategies of disempowerment of courts. This includes increasing institutional influence on courts, personal pressure on judges as well as procedural changes, which create possibilities of control and limitation of courts. In conclusion of these developments, an erosion of the rule of law can be identified. Finally, strategies are developed by the paper, how courts in transnational networks could support each other and how civil society can strengthen the importance and the resilience of independent courts.

Constitutional Reasoning as Legitimacy of Constitutional Comparison

German Law Journal 2013, 1463–1491

The Challenge to Privacy from Ever Increasing State Surveillance: A Comparative Perspective

by Normann Witzleb and Konrad Lachmayer

(together with Normann Witzleb), UNSW Law Journal Vol 37 (2), 748–783

Teaching Constitutional Comparison. Changing the Culture of Legal Education

in Busch et al (eds), International Constitutional Law in Legal Education (2014) Facultas Pub. in... more

Counter-Developments to Global Constitutionalism

The following paper focuses on the counter-developments to global constitutionalism, distinguishi... more The following paper focuses on the counter-developments to global constitutionalism, distinguishing between anti-globalisation developments and anti-constitutionalism developments, but also uncovering the interrelations between the two. The Hungarian example shows both elements of counter-developments to global constitutionalism clearly. The vicious attack on the CEU can be understood as an anti-global and, thus, nationalistic approach of the Hungarian government. Both approaches (anti-globalisation/anti-constitutionalism) play an important role nowadays and their interrelation finally characterises the overall developments, which can be observed all around the globe.

Constitutional authoritarianism, not authoritarian constitutionalism! A Constitutionalist View

voelkerrechtsblog.org, 2017

In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing... more In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging. These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international 

The Relevance of Constitutional Law

Neo-Federalism Working Paper, 2015

This paper questions the relevance of constitutional law in legal systems. Comparative constituti... more This paper questions the relevance of constitutional law in legal systems. Comparative constitutional law scholars have become used to the assumption that constitutional law is a universal point of reference which can be addressed in comparison. If comparative constitutional law is intended to refer to different constitutions, it will be necessary to check the relevance of the particular constitutional law first. Comparative constitutional studies have to develop criteria to address the relevance of constitutional law on the one hand and, on the other hand should be able to go beyond constitution and law to find the relevant comparative perspective.

Formate der Rechtswissenschaft

The European Court of Human Rights and public international law : fragmentation or unity?

Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verz... more

Constitutional Courts as »Positive Legislators«

in: Brewer-Carías (ed), Constitutional Courts as Positive Legislators. A Comparative Law Study (2... more

Teaching Constitutional Comparison Changing the Culture of Legal Education

International Constitutional Law in Legal Education

Legitimacy Deficits of Austrian Legal Covid-19 Measures. From Emergency Action to Economic Crisis Governance

The Austrian Government reacted fast and successful to the Covid-19 Crisis in March 2020. The fol... more The Austrian Government reacted fast and successful to the Covid-19 Crisis in March 2020. The following paper analysis the legal and structural challenges of this response. As a state of emergency was not declared officially the Austrian Constitution had to be fully applied. Not only questions of legality of the governmental measures, especially the compliance with the constitutional principle of the rule of law, arose, but also a reluctance towards transparency and accountability could be observed. The paper looks out for the lacks of legitimacy in the governmental measures including emergency action as well as the economic crisis governance.

Nóra Chronowski/Tímea Drinozí/Tamara Takács (eds), Governmental Systems of Central and Eastern European States

ICL Journal 2011, 697–698

Back to the Future: The Temporality of Constitutional Law

Conference: Model Institutions for a Sustainable Future: a comparative constitutional law perspec... more

Constitutional Compliance or Governmental Mismanagement? Rights Limitations in Austria from Lockdowns to Compulsory Vaccination

This paper traces back the legal COVID-19 responses by the Austrian government. In the first part... more This paper traces back the legal COVID-19 responses by the Austrian government. In the first part of the paper legal and institutional issues are raised. The rejection of the state of emergency, the concept of legal responses, the role of Parliament and the multilevel system will be examined. The second part focuses on the limitation of fundamental rights and the case law of the Austrian Constitutional Court.

Empowering Cities by Constitutional Pluralism

Contrary to a first impression that constitutional law and cities are conceptually decoupled, thi... more Contrary to a first impression that constitutional law and cities are conceptually decoupled, this chapter illustrates the links between cities and constitutions. Although the post-Westphalian world turned away from the constitutional roots of cities, urban concepts of constitutional law survived-at least to a certain extent. The steadily increasing importance of cities in the last decades has increased the possibilities for cities to re-enter the constitutional sphere. As Hirschl has shown, the potential for further empowerment of cities through constitutions and constitutional law is significant. Constitutional pluralism can help to understand the constitutional dimension of cities within their own legal orders, the urban dimension of domestic constitutional law, and the transnational and international dimension of global networks of cities.