Bringing a Hammer to the Chess Board
<p>In cases where constitutional law is slowly losing its normative force, sophisticated doctrinal-conceptual systems (Verfassungsdogmatik) may even become ridiculous and, to some degree, dishonest. While showing a very few examples of doctrinal absurdities in a judgment of a captured and subs...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | deu |
| Published: |
Max Steinbeis Verfassungsblog GmbH
|
| Series: | Verfassungsblog |
| Subjects: | |
| Online Access: | https://verfassungsblog.de/bringing-a-hammer-to-the-chess-board/ |
| _version_ | 1818511864939675648 |
|---|---|
| author | András Jakab |
| author_facet | András Jakab |
| author_sort | András Jakab |
| collection | DOAJ |
| description | <p>In cases where constitutional law is slowly losing its normative force, sophisticated doctrinal-conceptual systems (Verfassungsdogmatik) may even become ridiculous and, to some degree, dishonest. While showing a very few examples of doctrinal absurdities in a judgment of a captured and subservient constitutional court can be meaningful (also in order to corroborate the claim about its captured nature), writing a thorough doctrinal analysis on such a judgment is a futile, frustrating and meaningless exercise. A thorough doctrinal analysis can even legitimize the theater of legalism by taking seriously words which are not worth to be taken seriously. Judicial decisions of captured courts and doctrinal writings of pro-autocracy academics in these countries can be viewed as merely performative acts (as opposed to reasons). </p>
|
| first_indexed | 2024-12-10T23:38:52Z |
| format | Article |
| id | doaj.art-f6ad00fcfc594c6c82fc7bc1f7628efc |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-12-10T23:38:52Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-f6ad00fcfc594c6c82fc7bc1f7628efc2022-12-22T01:29:07ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044Bringing a Hammer to the Chess BoardAndrás Jakab<p>In cases where constitutional law is slowly losing its normative force, sophisticated doctrinal-conceptual systems (Verfassungsdogmatik) may even become ridiculous and, to some degree, dishonest. While showing a very few examples of doctrinal absurdities in a judgment of a captured and subservient constitutional court can be meaningful (also in order to corroborate the claim about its captured nature), writing a thorough doctrinal analysis on such a judgment is a futile, frustrating and meaningless exercise. A thorough doctrinal analysis can even legitimize the theater of legalism by taking seriously words which are not worth to be taken seriously. Judicial decisions of captured courts and doctrinal writings of pro-autocracy academics in these countries can be viewed as merely performative acts (as opposed to reasons). </p> https://verfassungsblog.de/bringing-a-hammer-to-the-chess-board/Authoritarian Populism, Autocratization, judicial independence, Verfassungsdogmatik |
| spellingShingle | András Jakab Bringing a Hammer to the Chess Board Verfassungsblog Authoritarian Populism, Autocratization, judicial independence, Verfassungsdogmatik |
| title | Bringing a Hammer to the Chess Board |
| title_full | Bringing a Hammer to the Chess Board |
| title_fullStr | Bringing a Hammer to the Chess Board |
| title_full_unstemmed | Bringing a Hammer to the Chess Board |
| title_short | Bringing a Hammer to the Chess Board |
| title_sort | bringing a hammer to the chess board |
| topic | Authoritarian Populism, Autocratization, judicial independence, Verfassungsdogmatik |
| url | https://verfassungsblog.de/bringing-a-hammer-to-the-chess-board/ |
| work_keys_str_mv | AT andrasjakab bringingahammertothechessboard |