The Pechstein case: Transnational constitutionalism in action at the Bundesgerichtshof

oleh: Antoine Duval

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>Constitutional review is not anymore exclusively located where we would traditionally expect it: in national constitutional courts. Functional equivalents to constitutional review play out in various courts as a new legal game of power and counter-power shapes up for the global age. Sport, broadly speaking, is a fruitful field to study the transnationalization of law. I propose to put on constitutional lenses to analyse the current case pitching speed skater Claudia Pechstein against the International Skating Union (ISU) in front of the Bundesgerichtshof.</p>