Is the interpretation of the Constitution different from the interpretation of common law, or to what extent is "simple" law really simple?
2023
Abstract
Although Central European constitutional justice is often seen as another offshoot of the Kelsenian model of constitutional justice, it is a continuation of this century-old trend only in form, not in substance. In fact, Central European constitutional justice follows (with some exaggeration) the "revolution" against the Kelsenian style of constitutional justice that took place in Germany in the 1950s and continued in the 1960s with the expansive case law of the CJEU that created the European Communities as they are today.