Comparative Public Law for European Society

Abstract

This contribution theorizes European comparative public law through its function for European society. It starts by reconstructing European law as a body of law that encompasses various legal orders and European society as its social reference. Next, it outlines the specific role of comparative arguments in European public law, their legal and methodological bases, and the gulf between the new and the old Jus Publicum Europaeum. A comparative reconstruction of constitutional courts then illustrates this theorization. It deepens the understanding of these key actors of European law while exemplifying European society’s commonalities as well as multiple modernities. Finally, the article shows how the European comparative setting impacts on scholarly identities and mindsets.

Keywords: European law, European comparative public law, bases for comparison, European values, European society, constitutional courts, judicial power, judicial dialogue, legal academia