Marlene Wind
Biographic Data
| ID | 4376808 |
|---|---|
| NAME | Marlene Wind |
| GIVEN NAMES | Marlene |
| FAMILY NAME | Wind |
| SIGNATURE | WIND M |
| AFFILIATIONS | University of Copenhagen |
| ORCID | 0000-0002-1559-9111 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 57 |
| AUTHOR COUNT | 8 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
Political constitutionalism in the Nordic countries: How anti-constitutionalism captured the North and why it may not last
The Nordic countries have often been portrayed as pioneers of human rights and international law. However, few are aware that court-protected human rights played an almost negligible role in post-Second World War Scandinavia. Instead, scepticism towards natural law thrived, and minimalist procedural democracy alongside legal positivism positioned ‘the people’ as represented in parliament at the apex of the democratic hierarchy. Therefore, while t…
Death by a thousand cuts: Measuring autocratic legalism in the European Union’s rule of law conundrum
Where autocratization through classical coups belongs to the twentieth century, democracies are today primarily demolished through “autocratic legalism”, a governing technique destroying democracies deliberately and incrementally within the law itself. As a result, it often goes unnoticed by hiding in judicial robes. This makes it harder to categorize regimes and necessitates a greater analytical sensitivity of the indices that many decision-make…
Unleashed dialogue or captured by politics? The impact of judicial independence on national higher courts’ cooperation with the CJEU
Though the EU is a rule of law community it struggles to make all Member States engage fully in upholding its laws and values. Some issues have to do with concrete violations against basic rights others are more institutional having to do with the independence of the judicial system as such. In this article, we look at the institutional side demonstrating that there is a link between the degree to which the judicial branch of a Member State enjoy…
International Courts and Domestic Politics
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and p…
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
The Nordic countries have no tradition of judicial review by courts and have generally been hesitant to make use of the preliminary ruling procedure in the European Union. New data indicate that Nordic courts prefer to solve as many EU‐related judicial disputes as possible without involving a supranational organ such as the ECJ. Building on two comprehensive surveys of Danish and Swedish courts and judges, this study challenges the theory of judi…
Nordic Reluctance towards Judicial Review under Siege
Is the judicial review in accordance with our democratic sensibilities? In a Nordic context this is a question that has caused much public consternation in all five countries in recent years, most likely because you find courts and constitutionalism appearing almost everywhere you look and because judicial power seems to continue to increase. Not only has the European Court of Justice cemented its powers with the EU’s enlargement and with EU legi…
When Parliament Comes First – The Danish Concept of Democracy Meets the European Union
Challenging sovereignty? The USA and the establishment of the International Criminal Court
Does the establishment of a permanent International War Crimes Tribunal (International Criminal Court—ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception…
The Uneven Legal Push for Europe: Questioning Variation when National Courts go to Europe
National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of i…
The Uneven Legal Push for Europe: Questioning Variation when National Courts go to Europe
National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of i…
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
The Nordic countries have no tradition of judicial review by courts and have generally been hesitant to make use of the preliminary ruling procedure in the European Union. New data indicate that Nordic courts prefer to solve as many EU‐related judicial disputes as possible without involving a supranational organ such as the ECJ. Building on two comprehensive surveys of Danish and Swedish courts and judges, this study challenges the theory of judi…
Unleashed dialogue or captured by politics? The impact of judicial independence on national higher courts’ cooperation with the CJEU
Though the EU is a rule of law community it struggles to make all Member States engage fully in upholding its laws and values. Some issues have to do with concrete violations against basic rights others are more institutional having to do with the independence of the judicial system as such. In this article, we look at the institutional side demonstrating that there is a link between the degree to which the judicial branch of a Member State enjoy…
Death by a thousand cuts: Measuring autocratic legalism in the European Union’s rule of law conundrum
Where autocratization through classical coups belongs to the twentieth century, democracies are today primarily demolished through “autocratic legalism”, a governing technique destroying democracies deliberately and incrementally within the law itself. As a result, it often goes unnoticed by hiding in judicial robes. This makes it harder to categorize regimes and necessitates a greater analytical sensitivity of the indices that many decision-make…
When Parliament Comes First – The Danish Concept of Democracy Meets the European Union
Nordic Reluctance towards Judicial Review under Siege
Is the judicial review in accordance with our democratic sensibilities? In a Nordic context this is a question that has caused much public consternation in all five countries in recent years, most likely because you find courts and constitutionalism appearing almost everywhere you look and because judicial power seems to continue to increase. Not only has the European Court of Justice cemented its powers with the EU’s enlargement and with EU legi…
When Parliament Comes First – The Danish Concept of Democracy Meets the European Union
Challenging sovereignty? The USA and the establishment of the International Criminal Court
Does the establishment of a permanent International War Crimes Tribunal (International Criminal Court—ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception…
The Uneven Legal Push for Europe: Questioning Variation when National Courts go to Europe
National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of i…
The Nordics, the EU and the Reluctance Towards Supranational Judicial Review
The Nordic countries have no tradition of judicial review by courts and have generally been hesitant to make use of the preliminary ruling procedure in the European Union. New data indicate that Nordic courts prefer to solve as many EU‐related judicial disputes as possible without involving a supranational organ such as the ECJ. Building on two comprehensive surveys of Danish and Swedish courts and judges, this study challenges the theory of judi…
International Courts and Domestic Politics
International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and p…
Unleashed dialogue or captured by politics? The impact of judicial independence on national higher courts’ cooperation with the CJEU
Though the EU is a rule of law community it struggles to make all Member States engage fully in upholding its laws and values. Some issues have to do with concrete violations against basic rights others are more institutional having to do with the independence of the judicial system as such. In this article, we look at the institutional side demonstrating that there is a link between the degree to which the judicial branch of a Member State enjoy…
Death by a thousand cuts: Measuring autocratic legalism in the European Union’s rule of law conundrum
Where autocratization through classical coups belongs to the twentieth century, democracies are today primarily demolished through “autocratic legalism”, a governing technique destroying democracies deliberately and incrementally within the law itself. As a result, it often goes unnoticed by hiding in judicial robes. This makes it harder to categorize regimes and necessitates a greater analytical sensitivity of the indices that many decision-make…
Political constitutionalism in the Nordic countries: How anti-constitutionalism captured the North and why it may not last
The Nordic countries have often been portrayed as pioneers of human rights and international law. However, few are aware that court-protected human rights played an almost negligible role in post-Second World War Scandinavia. Instead, scepticism towards natural law thrived, and minimalist procedural democracy alongside legal positivism positioned ‘the people’ as represented in parliament at the apex of the democratic hierarchy. Therefore, while t…
Politics (9 works) · Law (8 works) · Political science (8 works) · European and International Law Studies (7 works) · Law (7 works) · Democracy (6 works) · Economics (5 works) · European union (5 works) · European Union Policy and Governance (5 works) · Sociology (5 works)