In this latest issue of the German Law Journal we take a tour through different aspects of judicial and constitutional culture. Haukur Logi Karlsson kicks us off with a thorough discussion of the “established by law” criterion which conditions our understanding of what a court is in both ECHR and EU law. His article reveals important nuances in how the case law needs to be understood with regards to the constitutional and illiberal forces at stake. Tom Daly’s article deals with ‘good’ court-packing, and teases out the dynamics at play in cases of constitutional decay. His comparative and theoretical approach suggests the emergence of an increasingly global conversation on the resilience of constitutional constructs. Guillermo Íniguez focuses on the constitutional mutation in Hungary and Poland and reflects on the role of Member State-led infringement proceedings, suggesting a rethink of how this largely dormant process can help us tackle the rule of law crisis and offer insights about the nature and objectives of the integration process. Maartje De Visser tackles the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. She suggests that despite room for improvement in the design and delivery of constitutional literacy, the existing judicial efforts make a meaningful contribution in meeting people’s interests in greater constitutional knowledge. The final contribution of this issue, by Omar Madhloom, focuses on the teaching of professional legal ethics in the law curriculum. This article claims that teaching in this area requires us to be more sensitive to sentiments such as compassion, respect, and sensitivity to human suffering than is currently the case; and that Clinical Legal Education programs are appropriate and helpful in getting these sentiments across to students.
As ever: happy reading,
On behalf of the Editors-in-Chief,
Floris de Witte