Abstract

Albrecht Weber’s “Europaische Verfassungsvergleichung” (2010) is a wonderful “late work” that applies to the constitutional framework of public powers a method first developed for the analysis of the “Fundamental Rights in Europe and North America”. This method looks at the historical context, at the gradual development of textures and at the functions of fundamental principles and organisational structures, including a multilevel approach and moments of evaluation and assessment (Wertung) based more on fundamental principles and rights than on organisation and powers. There is a personal colour and also a national style in this comparative law methodology mostly based on a philosophy of legal positivism. The European comparison of constitutions aims to be helpful for practices of constitutional reform, constitutional adjudication and international law and for the systemic construction of an ius constitutionale europaeum.

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