Law

The late-modern welfare state finds itself in a constitutionally relevant state of overload between an expansive regulatory ambition and a declining capacity to solve practical problems. Excessive taxation, high public debt, and fiscal overreach undermine both individual freedom and the legitimacy of state action.

The success of European integration depends on an application and development of law which is guided by specific underlying assumptions. In this book, the author examines those assumptions, how they are translated into legal method and doctrinal constructs, and how they unfold, evolve, and pose challenges for the interconnected democratic orders.

The Ecological Analysis of Law proposed by Simon Marx examines the ecological consequences of legal decisions, evaluates state action on the basis of the criteria of resource sufficiency and resource consistency, and develops solutions that ensure livable conditions without disproportionately restricting fundamental rights and freedoms.

The author examines the concept of counter-performance in the light of digital remuneration models. She analyses personal data provided as consideration, the contractual and data protection framework, and the limits of counter-performance imposed by mandatory contract law in modern exchange relations.