{"title":"如何发现滥用宪法的做法","authors":"Jan Petrov","doi":"10.1017/s1574019624000142","DOIUrl":null,"url":null,"abstract":"The challenge of distinguishing between abusive and non-abusive constitutional practices – Main ways of detecting abuse: analyses of intent and effects – Obstacles to detecting bad faith intent in constitutional law – Structured and focused analysis of the effects of abusive constitutionalism: introducing the foreseeable effects test – Normative benchmark: substantial diminishment of accountability – Step 1: probability of harm, analysing the tested constitutional measure’s foreseeable effects on operability and autonomy of an accountability mechanism – Step 2: seriousness of potential harm, analysing the constitutional measure’s effects in the broader constitutional context (including interaction effects) – Step 3: harm mitigation, analysing the existence and adequacy of harm-mitigating safeguards accompanying the constitutional measure – Strengths and limits of the foreseeable effects test","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":1.6000,"publicationDate":"2024-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How to Detect Abusive Constitutional Practices\",\"authors\":\"Jan Petrov\",\"doi\":\"10.1017/s1574019624000142\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The challenge of distinguishing between abusive and non-abusive constitutional practices – Main ways of detecting abuse: analyses of intent and effects – Obstacles to detecting bad faith intent in constitutional law – Structured and focused analysis of the effects of abusive constitutionalism: introducing the foreseeable effects test – Normative benchmark: substantial diminishment of accountability – Step 1: probability of harm, analysing the tested constitutional measure’s foreseeable effects on operability and autonomy of an accountability mechanism – Step 2: seriousness of potential harm, analysing the constitutional measure’s effects in the broader constitutional context (including interaction effects) – Step 3: harm mitigation, analysing the existence and adequacy of harm-mitigating safeguards accompanying the constitutional measure – Strengths and limits of the foreseeable effects test\",\"PeriodicalId\":45815,\"journal\":{\"name\":\"European Constitutional Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2024-05-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Constitutional Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/s1574019624000142\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Constitutional Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/s1574019624000142","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The challenge of distinguishing between abusive and non-abusive constitutional practices – Main ways of detecting abuse: analyses of intent and effects – Obstacles to detecting bad faith intent in constitutional law – Structured and focused analysis of the effects of abusive constitutionalism: introducing the foreseeable effects test – Normative benchmark: substantial diminishment of accountability – Step 1: probability of harm, analysing the tested constitutional measure’s foreseeable effects on operability and autonomy of an accountability mechanism – Step 2: seriousness of potential harm, analysing the constitutional measure’s effects in the broader constitutional context (including interaction effects) – Step 3: harm mitigation, analysing the existence and adequacy of harm-mitigating safeguards accompanying the constitutional measure – Strengths and limits of the foreseeable effects test
期刊介绍:
The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.