Re:How to get rid of gerrymandering: the math is surprising
by gpderetta on Thursday May 12, 2022 @08:11AM
(#31352826)
The problem is that the primate of the ECJ over national supreme/constitutional courts is not settled [1]. As far as I understand, it is a fiction where everybody plays along, but an actual conflict can lead to a major constitutional crisis (see for example [2]).
In practice diplomatic solutions are found to avoid direct clashes.
[1] ECJ has of course claimed otherwise, but some national constitutional courts reserve the right to interpret and follow their own constitutions, even when they would lead to diverging from ECJ rulings. In fact they might not have other options.
In practice diplomatic solutions are found to avoid direct clashes.
[1] ECJ has of course claimed otherwise, but some national constitutional courts reserve the right to interpret and follow their own constitutions, even when they would lead to diverging from ECJ rulings. In fact they might not have other options.
[2] https://verfassungsblog.de/national-courts-cannot-override-c...