Jo MurkensJo Eric Khushal Murkens

Email: J.E.Murkens@lse.ac.uk
Administrative support: Bradley Barlow
Room: New Academic Building 7.31
Tel. 020-7955-6675 

Dr Jo Murkens studied English and European Law at Queen Mary College, London, and at the University of Copenhagen. He was subsequently a researcher at the Constitution Unit, UCL, where he led the research on the legal, political and economic conditions and consequences of Scottish independence. Jo wrote his PhD thesis at the European University Institute , Florence, on Contested Constitutional Concepts: State, Constitution and Sovereignty in Germany and the United Kingdom, and the European Challenge. The thesis was awarded with a Special Distinction by the European Group of Public Law. Jo has taught at University College, King’s College, and Queen Mary College (all in London), and was called to the Bar in 2006.

see also Jo Murkens's LSE Experts Page
 

Research interests


Jo’s research interests focus on the socio-legal assumptions that define the various schools of thought which attempt to make sense of constitutions or constitutionalism. He is particularly interested in German and UK constitutional law, theory and history, recurrent patterns of legal (and quasi-legal) argument, and the relevance for the European and international context. Jo has also written on comparative constitutional law, and has explored alternative arguments to the outright rejection of, or support for, comparative judicial engagement.

 

External activities


  • Deputy Chair of the External Laws Committee

  • Book Review Editor for Public Law.

  • Consultancy: BBC 2 production “If…” on Scottish Independence (February/March 2007)

 

Teaching


Books  

Public Law – Text, Cases and Materials, (with A. Le Sueur and M. Sunkin), Oxford University Press, 2010 [FORTHCOMING]

Scottish Independence: A Practical Guide (with P. Jones and M. Keating), Edinburgh University Press, 2002

Scottish Independence

This book provides the first comprehensive and dispassionate stock-take of the effect of devolution during the first term of the Scottish Parliament and National Assembly for Wales. Part 1 covers the territories of the UK—Scotland, Wales, Northern Ireland and the English regions. Part 2 looks at its impact on the centre Westminster, Whitehall and public opinion. Part 3 looks at developments in two key areas of public policy. The book as a whole assesses not just how parts of the UK have been affected by devolution, but also its effect on the UK as a whole.

 

Selected articles
and chapters in books
 

'Constitutionalism' in Encyclopedia of Political Theory (ed. Mark Bevir), SAGE Publications.[FORTHCOMING May 2010]

'Countering Anti-constitutional Argument: The Reasons for the European Court of Justice’s Decision in Kadi and Al Barakaat' (2009) 11 Cambridge Yearbook of European Legal Studies 15-52

This contribution examines the recent decision by the European Court of Justice in Kadi and Al Barakaat International Foundation. It is a response to criticism that the ECJ’s judgement, in providing for the review of EC measures implementing UN Security Council resolutions, undermines the authority of public international law. Instead of committing itself to international law and institutions at all cost, the ECJ concerns itself with the constitutional repercussions from national constitutional courts (in the case of failure to protect fundamental rights). Important as the relationship between EC law and international law is, there is a clear sense that the ECJ is responsible to, and will ultimately be held to account by, the courts and constitutions of the Member States of the European Union.

'Identity Trumps Integration: The Lisbon Treaty in the German Federal Constitutional Court' (2009) 4 Der Staat 517-534.

'The Quest for Constitutionalism in Public Law Discourse,' (2009) 29 (3) Oxford Journal of Legal Studies 1-29.

At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the ‘new constitutional settlement’ and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to the concept. It shows that constitutionalism is routinely conflated by public law scholars with other constitutional values and principles, like the rule of law or separation of powers. This article argues that constitutionalism should either be conceived as distinct from those concepts or, failing that, can safely be eliminated from public law discourse. The article concludes by asking whether a nuanced and normative discussion of constitutionalism could have any meaningful application in the United Kingdom constitution.

Review of Armin Von Bogdandy et al (eds), Handbuch Ius Publicum Europaeum Volume I, (Heidelberg: C.F. Mueller, 2007) and Volume II (Heidelberg: C.F. Mueller, 2008), in (2009) 72(4) Modern Law Review 686-692.

'Comparative Constitutional Law in the Courts: Reflections on the Originalists' Objections", (2008) 41(1) Verfassung und Recht in Uebersee 32-50.

'Neither Parochial Nor Cosmopolitan: Appraising the Migration of Constitutional Ideas' (2008) Modern Law Review 71 (2) , 303–319

Review of Rainer Wahl, Herausforderungen und Antworten: Das Öffentliche Recht der letzten fünf Jahrzehnte, (Berlin: De Gruyter Recht, 2006), in  70(6) Modern Law Review 1028-1032.

“The Future of Staatsrecht: Dominance, Demise, or Demystification?”, (2007) 70 (5) Modern Law Review 731-758

The relationship between the national and the European legal orders is affected by the way it is theorised by the national constitutional traditions. This article will explore the opposing constitutional assumptions in Germany that underlie two interpretations of what in Anglo-Saxon countries is known as constitutional law: Staatsrecht and Verfassungsrecht. The two contending visions are generated from different conceptions of the European Union and, especially, the state. The origins of the German constitutional traditions will be historically reconstructed. Although Staatsrecht has historically offered the dominant interpretation of public law, Verfassungsrecht has “de-mystified” the state. In order to continue to offer a coherent interpretation Staatsrecht need not abandon the state as its central concept, but will need to re-examine the content of the concept in light of modern forms of constitutionalism and European integration.

'“The Integrative Function of a European Constitution”: 3(2) German Law Journal 2002.

Review of MacCormick Questioning Sovereignty 41(1) JCMS 2003.  

Scotland's Place in Europe , London: Constitution Unit, 2001.

 

Reports / discussion papers


Two Referendums Required for Scottish Independence (Constitution Unit Press Release, 2008)

Response to the SNP’s White Paper, Choosing Scotland’s Future: A National Conversation. (2007)

 

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