Constitutional Requirements for the Treatment of Civil Disobedience
This doctoral project contributes to constitutional law scholarship in at least three significant ways. First, its doctrinal merit includes connecting conceptions of majority rule and rule of law whilst making a case for civil disobedience, concepts usually thought of only as conflicting principles. Second, by examining their interaction with fundamental rights doctrine, the project illuminates the ambiguous relationship between subjective rights and objective constitutional provisions on state structure. Third, this research project clarifies how doctrinal analysis and moral/political arguments are related, a question often answered too indistinguishably. Finally, by examining trends involving social fragmentation and its effects on democracy and the rule of law, these matters are a clear reflection of the Department’s primary research priorities and agenda.
|Research outcome:||doctoral dissertation (University of Freiburg); peer-reviewed journal articles (2017–2020)|