Accommodating Compound Peoples – Wedding Votes and Bargains
In states composed of different ethnic, religious or linguistic groups, unfettered majoritarian democracy can threaten diversity or stability or both. Minority groups risk ending up as permanent losers and have few options than to assimilate or to alienate from the state. The first option endangers the group‘s identity; the second can lead to separatism and...
Informed Consent Rule in Suborbital Flights: in the context of the European Convention of Human Rights (ECHR)
Informed consent rule concerning the commercial space activities, especially suborbital flights, was firstly introduced in the US CSLAA 2004. It works on the basis of temporary licensing regime, thus establishing the operators the “duty to warn“ and releasing the operators from liability of accidents due to inherent risks. The informed consent rule also boosted the...
Regulated Memories: Memorial Laws, Memory Wars and Freedom of Speech
Collective memory matters politically. It is closely related to national identity and statehood; it can be used to legitimate a political power by creating a desired image of the past. This explains why states are preoccupied with legal regulation of collective memory prescribing by law what should be remembered and be forgotten. The paper is...
The Ethics of Judicial Profession in Brazil: Governing Adjudication Through Human Rights
This paper aims to present a project that address the significant gap between judicial practices and legal scholarship in Brazil and to foster closer engagement of Brazilian federal judges with scholars. The project will advance research, policy and practice in three main areas: a) mapping of judicial rulings that rely on arguments clearly disconnected with...
The Right to Violate Victims‘ Rights – A Constitutional Review
Can criminal justice system‘s officials freely violate crime victims‘ rights, despite the alleged recent ‘victims‘ revolution‘? The constitutional value of provisions protecting officials from criminal or civil ramifications of their failures, limiting civil and criminal accountability and impact, is analyzed in this article. It exists, for example, under US federal law and in Israel, and...
Transnational Surrogacy: When the Domestic Law is Not Enough
Abstract Transnational reproductive practices produce an increasing number of cases where legal controversies occur in the domestic recognition of family ties. This paper elaborates on these controversies and argues for the need to formulate international norms. The author will examine particularly the key ethical and legal issues that shape the contours of the future normative...