The founding of Russia’s 1993 Constitution undermined its transformative potential – The use of pre-existing Soviet legality during Russia’s 1993 founding period encouraged President Yeltsin to push through a constitution that would ensure presidential dominance over the legislative branch – This presidential centralism has hindered the realisation of the transformative potential of the other parts of the constitution – Any future turn to transformative constitutionalism in Russia will require weakening the power of the Russian presidency – Transformative constitutionalism depends as much on the actual process of constitutional foundation as the text of the constitution

European Court of Human Rights – Protocol No. 16 – Advisory Opinions – Managing backlog – Unpredictable effects – Complex judicial dialogue – Interplay with preliminary rulings of European Court of Justice and national constitutional courts – Bosphorus presumption – National courts in charge of judicial diplomacy – Increased burden for national courts

Conseil constitutionnel and Conseil d'Etat now both hold that Article 88-1 of the French Constitution contains the duty to implement Community law – The Conseil constitutionnel tests whether acts of parliament manifestly contravene unconditional and precisely phrased provisions of Community law – Duty to implement Community law limited by France's constitutional identity for the Conseil constitutionnel, by the absence of equivalent protection on the Community level for the Conseil d'Etat – Supremacy of the Constitution not affected

The continuing importance of the study of comparative constitutional law – A European perspective – The Venice Commission and international monitoring of national constitutional systems – Authoritarian tendencies and the European Constitutional Heritage – Interpretation and application of constitutional provisions depends on the context – Comparative law as a common endeavour of judges, lawyers, and scholars

To this day the founding treaties of the European Union contain no legally binding bill of rights in the traditional sense protecting religion, privacy, family life, the freedom of expression, and so forth. As we all know, while the European Court of Justice initially rejected appeals relying on fundamental rights as found in national constitutions, the Court changed its position under pressure of German courts.

Montesquieu's lessons for modern comparative constitutional law – The Spirit of the Laws – The textual bias of normative constitutionalism – The utility of other disciplines to comparative constitutional law – Constitutions as more than mere texts

Constitutional protection of social rights – Differences between European and American legal cultures – National solidarity and market relationships – New Deal and the creation of the American Welfare State – Functions of the American State – The reflection of profound political, moral and societal choices – The concept of Sozialstaat – Positive obligations and negative freedoms – European Social Model – Social services and competition rules – The concept of solidarity and the deregulatory effect of EU law – EU citizenship – Locating of social rights in market integration

Voting rights – Citizens and aliens – European multilevel architecture – US federal system – Comparative methodology – Different regulatory models for non-citizens suffrage at the state level in Europe – Impact of supranational law – Challenges and tensions – Analogous dynamics in the US constitutional experience – Recent European legal and jurisprudential developments in comparative perspective – What future prospects for citizenship and democracy in Europe?

A powerful development by the European Constitution exists in the rationalisation of the instruments through which the Union may exercise the competences conferred upon it. This has constituted a particularly sensitive issue for the Convention. Under the EC and EU Treaties, the Union uses no less than 15 different instruments, some having the same appellation but entailing different legal effects, others being rarely used. This diversity has contributed to the development of an obscure patchwork of norms with ill-defined scope, legal effects and institutional origin. That situation consequently limits democratic control over governance at the European level.

When thinking about the integration of the European sovereign states in the European Union, one does not need to be a euro-sceptic to perceive a big fish devouring little fish. Of course, the individuality of the different countries is assured in the European Union. Article I-5(1) of the European Constitution establishes that the Union shall respect their national identities inherent in their fundamental structures, political and constitutional, and their essential state functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. Europe is to be ‘United in diversity’. Yet, however considerate the Union may be of the various European countries, unity can exist only by the grace of all member states' loyally fulfilling their European obligations.

At the time of writing of this editorial, in the high summer of 2011, the ‘market forces” are meeting up for an attack on the first major member of the Eurozone, Italy. It begins, as has now become familiar, with a rise in the rate of interest that a country has to pay for money to service its sovereign debt. Above a critical percentage, around seven in this case, the servicing of its debt, compounded with the loss of tax income due to a slackening economy, will send the country into the downward spiral of ever-increasing debt. The perspective of a possible default in turn will send the interest rate further upward, pushing the country into a more certain default, and so on. It is a self-fulfilling perspective.

European Court of Human Rights — Separation of powers — Stafford/Kleyn and A/Kart strands of case-law — Problematic aspects of both strands — Limitations and institutional deficiencies of the Court in this area — Constitutionalisation of and shift in the role of the Court

Citizenship is an eminent example of the dynamic development of European constitutional concepts. From a status to which the member states wished not to attach any significant directly effective new rights, the Court of Justice has declared European citizenship to be ‘the fundamental status of nationals of the member states’ (Grzelczyck) and has given one of the prime citizenship rights, the freedom to reside in member states, direct effect. This development and in particular the interplay between constitutional developments at European Union and at national level regarding citizenship deserve reflection. We focus on the extent to which citizenship constitutes an exclusive bond with a political community which distinguishes those who are its members from those who are not.

British successes and failures in Barroso Drama. Several reasons for Blair's support for nomination Barroso. Blair's personal choice for Peter Mandelson. Ambivalence in Mandelson's action during the affair. Pressure from London on MEPs.

European Court of Human Rights – Protocol No. 16 to the European Convention on Human Rights – Protocol No. 16 as part of the European Court of Human Rights reform – Advisory opinions under Protocol No. 16 – Authority requesting an advisory opinion – The subject matter of an advisory opinion – Legal consequences of advisory opinions

National parliaments near-universally endorsed in the European Union constitution-building process – Case for national parliaments a composite one: different scholarly approaches and national and European institutions support a greater role for national parliaments for different reasons – The overall endorsement of national parliaments remains a balancing act between competing agendas – Future reforms and treaty-drafting efforts most likely will continue to favour approaches of open-ended political content – No risk for the national governments nor Union institutions.