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Vlad Perju

Selected Works

2017

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju Mar 2017

Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju

Vlad Perju

Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their nation states and (the same) individuals as members of the future European Union. According to the dual sovereignty thesis, nation states and the EU are co-original and co-determinate.

I challenge this conception on two grounds. First, split identity is a source of fragmentation that subverts the transnationalization of democracy. It would be irrational for EU citizens to partake in a project that empowers states to …

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Proportionality And Stare Decisis: Proposal For A New Structure, Vlad Perju Dec 2016

Proportionality And Stare Decisis: Proposal For A New Structure, Vlad Perju

Vlad Perju

This paper argues that a change in the formal structure of proportionality analysis can increase the chance of proportionality’s successful transplant into American constitutional law. The change takes the form of an additional and new last step to the existing multi-prong inquiry, which would require judges to assess the outcome of the legal analysis at the previous stages against the disruption that outcome would cause to settled constitutional doctrine. The greater the departure from constitutional precedent, the stronger must be the reasons that justify it. By analogy to Robert Alexy’s “weight” analysis at the balancing stage, I label this new …

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