Good governance through the prism of the European Court of Human Rights
The principle of good administration has many intellectual homes yet seldom is it analyzed outside the European Union context. Such lack of academic attention does not seem warranted because since the Beyeler case of 2000 the European Court of Human Rights (ECtHR) has named an increasing number of requirements that national administrations have to respect....
Militarization by Infra-constitutional Means: How the Mexican Supreme Court Paved the way for the Ley de Seguridad Interior and How It Should Invalidate It
In December 2017, President Peña enacted the Law of internal security. It empowers the military to counter any threat to internal security, including organized crime. Article 129 of the Constitution forbids the military, during peacetime, to perform any functions not linked to military affairs. Moreover, social movements and NGO‘s have argued that militarization failed. Also,...
Saved by the Court?
Most of the discourse regarding courts focuses on the debate between traditional and popular constitutionalism. Yet both approaches have faith in a strong political theory. In contrast with the trust in theory, I believe that our knowledge is largely determined by the present reality. That explains why there have been decades of research on high...
Spanish Constitutional Court As Guardian of the Constitution
The Spanish Constitutional Court has been confronted by a secessionist movement posed by Institutions of the Autonomous Region of Catalonia. Through rulings as Decision n. 114/2017, of 17 October [Action of unconstitutionality against the Law of the Catalonian Parliament ‘On Self-determination Referendum‘]; Decision n. 120/2017, of 31 October [Action against the Resolution on nominating members...