KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft

The article is devoted to the history of the development of the Ukrainian state, taking into account its European civilisational choice, which is determined by both geopolitical and cultural factors. It argues that Ukraine has always been an...

Walter Kargl, who celebrated his 80th birthday this year and to whom this article is dedicated, published a volume entitled “Beyond Constitutional Criminal Law” almost 20 years ago with the Institute for Criminal Sciences and Legal Philosophy in...

The European Union is a supranational organization that has established and developed its own unique legal order, based on such a phenomenon as supranational law. This law brings together norms of international law, national legal traditions and,...

This article interrogates how Enlightenment legal thought shaped modern international law by naturalising racial capitalism under universal reason. It argues that John Locke, David Hume, and Adam Smith constructed a unified epistemic architecture...

This paper attempts to give a more qualified measurement of what is known as democratic deficit, through a comparison of democratization criteria in Classical Athens and modern Greece. We first present a short analysis of the Classical Athenian...

From the politically definable concepts of autonomy, immediacy and participation, legal philosophy, legal theory and the practice of Athenian democracy in the 5th century BC derive a focal point: the principle of direct democracy as an effect of...

Contrary to a common contemporary perception of direct democracy as an unorganized, mass democracy Athenian democracy was a structured democracy with a deeply cultivated sense of justice. The element of deliberation, that is, of organized discussion...

To confront the issues that are rooted in the problem of citizen representation via the intermediation of political parties, democracies have adopted laws and enforcement mechanisms to make sure that the elected officials act for the public interest...

Until well into the present day, the ancient democracy of the Athenians was regarded by historians as an aliud unsuitable as a role model. After the horrors of the French Revolution, discrediting it as mass rule leading to ruin was the programme of...

The article deals with the conceptual development and current challenges of democratic systems, particularly in the area of tension between citizen participation and professional expertise. Direct democracy, in which citizens made political...

The article traces the roots of the rule of law in ancient Greece. The people's assembly, the people's court, the creation of law and the administration of justice were transferred into the hands of the citizens. The result was legally created...

After strict COVID-measures ended, the German ‘climate movement’ had attracted attention with increasingly intrusive means of protest. Whilst their motive to generate more climate protection is not subject to criticism, the choice of means is...

In 1938, the publishing house C. H. Beck (Munich/Berlin) published a commentary on the German Civil Code (BGB), which was conceived as a one-volume short commentary and offered the user reliable and up-to-date explanatory information in a concise...

This article aims to shed light on the phenomenon of the expansion of criminal law and its causes in the personal lives of individuals. Fear, insecurity and a feeling of loss of control on the part of the individual in an increasingly complex...

The Federal Constitutional Court is repeatedly faced with a dilemma when dealing with the fundamental rights of the constitution. The limits or boundaries of important fundamental rights are undefined or not regulated at all and must therefore be...

The article outlines the significance and causes of armed conflicts and, on this basis, develops approaches for dealing with the war in Ukraine.

The paper aims to supplement the predominantly functional arguments for lawmaker’s margins of appreciation within constitutional rights proportionality with an argument from legal theory. It holds that it is the analytical (or logical) evidence of...

The article illustrates the course of social and legal transformation processes using the example of the regulation of the state's use of AI video surveillance. At an abstract level, it shows the multiple connections and interactions between...