Recent events have shown mature democracies beset by threats to constitutionalism and human rights. This panel brings global and comparative perspectives to bear on this phenomenon. Along with internationally prominent events like the United Kingdom‘s decision to leave the European Union, this panel examines new challenges facing societies that tend to be less frequently discussed...
Brexit: Constitutional identity as an obstacle to multilevel governance?
The UK‘s planned exit from the EU is a constitutionally momentous decision. Significant constitutional questions regarding the causes and consequences can be raised. One important aspect is the constant undercurrent of British constitutional dissatisfaction with supranational multilevel governance. Key questions are the following: First, why has EU multilevel governance been perceived as a threat to...
Human Rights in South Korea: Fault Lines and Frontiers
This paper maps out current challenges for human rights and the human rights movement in South Korea. It argues that, while recent political developments in the country may appear to give us reason for optimism, they also mask fault lines that the human rights movement must address, including issues surrounding gender rights, LGBT rights, and...
Non-Citizens‘ Rights and Judicial Review for Inclusive Democracy
Citizenship still defines boundaries of political membership and democratic participation in most states. On the other hand, many constitutions acknowledge certain, if not all, basic rights for non-citizens and enable them to challenge law or government actions when those rights are violated. Democratic theories do not require excluding those persons subject to law based on...
Social Rights of Non-Nationals and Constitutional Values in a Diverse Society
In 2017, the Committee on Economic, Social and Cultural Rights recalled that all people, including asylum-seekers and refugees, as well as other migrants, under the jurisdiction of the State concerned should enjoy the Covenant rights. This statement was adopted against the backdrop of large movements of refugees and migrants and many barriers for them to...