Constitutional Property Protection and Regulatory Inertia: Towards an Aristotelian Understanding of Regulatory Excess
PhD thesis by Víðir Smári Petersen
Last February, the European Commission issued its report on the Member States’ compliance with their implementation duties under the Fiscal Compact. Following a rather generous and prudent assessment, the Commission considers that all States have fulfilled their obligations.
It is often said that courts, when exercising judicial review or settling constitutional conflicts, may enter the political domain and take the seat of parliament or politics as the representative of the people and the body to which governments should be accountable. However, in light of quite a few...