VRÜ Verfassung und Recht in Übersee

To grant the Muslim majority princely state of Jammu and Kashmir (J&K) a special accommodation in the Indian context via Article 370 had been a novel constitutional experiment. The negotiations between the ruler of the state and the government...

The unilateral abrogation of Article 370 on August 5, 2019, by the Government of India signalled the culmination of the constitutional erosion in Jammu & Kashmir (J&K). This move, now endorsed by the Indian Supreme Court, prompts a...

Like other mandatory Human Rights Due Diligence (mHRDD) laws, the German Supply Chain Law, the Lieferkettensorgfaltsplichtengesetz (LkSG), imposes a number of due diligence obligations on covered companies geared towards protection of human rights...

This article deals specifically with the current phenomenon of the judicialisation of social rights in Brazilian and German Constitutional Courts, taking as practical example the right to health. A progressive increase in the number of lawsuits in...

Constitutional patriotism is a concept that developed as a political theory in the German postwar period, in which instead of the nation and the formal mentioning of a common ethnic identity, the state in the form of a plural and liberal...

On 5 August 2019, a radical change was made to Article 370 in the Constitution of India. The provision had been popularly represented to safeguard the autonomy of Jammu & Kashmir. This change was also accompanied by what can best be described...

This special issue demonstrates the importance of attending to the reception of constitutional concepts in overlapping transnational and local contexts and, for Africans including South Africans, the importance of attending to the economic...

As part of a wider critical-reconstructive reflection, this foray into the theory of the directive constitution, advanced by Gomes Canotilho in 1982 and highly influential in Latin-American and Southern-European countries, hopes to capitalize on its...

This article examines the intricate interplay between Transformative Constitutionalism, Directive Constitutions, and the erosion of constitutional values amid incremental authoritarian challenges, using Brazil as a case study. It explores a scenario...

This paper explores the key ideas behind the theories of Transformative Constitutionalism and the Directive Constitution, in an effort to find the missing link between the two intertwined models, the former being an evolution of the latter, somehow...

The study of federalism brings together both political scientists and constitutional lawyers. It is one of those fields of study where the scholarly and the applied are inextricably interlinked. However, studies on and from the non-Western world...

This study analyzes two of the most important pillars of Brazil's developmentalist project: its internal colonialism and the use of the State of Exception. In order to do that, the focus of the analysis is the construction of the Belo Monte...

This overview article introduces the special issue on “The Directive Constitution in the varieties of constitutionalism”, which revisits debates on the constituição dirigente in Portugal and Brazil, analyses the genealogy, substance and...

Two of the most important constitutional theories developed in contemporary times, transformative constitutionalism and the idea of “Constituição Dirigente”, significantly impacted the Brazilian constitutional debate. Both are recurrent...

Coined originally by the great constitutional law scholar José Gomes Canotilho in the aftermath the post-revolutionary Portuguese constitution of 1974, the concept of a constituição dirigente (‘directive constitution’) has found some...

This paper examines the dynamics of traditional chiefdoms in Cameroon in relation to political power. It is shown that in contact with colonization, the traditional chiefdoms underwent serious restrictions in their territorial arrangements and in...