The purpose of this panel is not to rehash doctrinal controversies around the Article 50 Miller decision of the UK Supreme Court. Instead it will move the academic debate forward by considering some fundamental questions about prerogative powers in light not only of that case but also comparative judicial treatment of non-statutory executive powers (‘NSPs‘),...
Category: <span>Panel Paper</span>
CONSTITUTIONAL REVIEW IN CHINA
This panel involves 7 public scholars in China. Four speakers will give presentations and Prof. Qinwei GAO and Dr. P.Y. Lo will be the commentators. This panel will be moderated by Prof. Cora CHAN. Prof. WANG will share the latest debate over the nature of constitutional law in contemporary China, and invite one German scholar...
THE TWILIGHT OF JAPAN’S POSTWAR CONSTITUTION
Japan is now in a state of what Bruce Ackerman called “constitutional politics“. In past five years, the ruling coalition of PM Shinzo Abe’s LDP and Komeito has won all national elections and secured supermajority in both houses of the Diet, thus meeting the requirement of proposing amendment to the Constitution. The Prime Minister has...
[GLOBCON] THE FUTURE OF GLOBAL CONSTITUTIONALISM
Constitutionalist ideas inspire men and women around the world to claim their rights and build political movements towards the establishment of legal and political orders. The commitment to the three foundational features of the global constitutionalism — human rights, democracy and the rule of law — is not a commitment to abolish or flatten national...
WOMEN RIGHTS AT RISK: A COMPARATIVE ANALYSIS
In spite of the conceptual difference between the words sex (indicating biological differences between men and women) and gender (which refers to social and cultural norms), for long time patriarchal stereotypes based on gender have justified discriminatory treatments against women. This made necessary a massive legal effort for erasing gender discrimination as well as the...
CONSTITUTIONAL RIGHTS AND CORPORATE ACTORS
Constitutions and constitutional rights are predominantly designed to control the power and (non-)actions of state agencies within a given territory. Victims of corporate human rights abuses have very limited means – either in their home country or the country where the corporation in question is registered or, indeed, before an international forum – to seek...
JUDGING IN CHINA AND THE EU
Our panel presents three empirical studies on adjudication in the areas of property law, family law and competition law, and in different jurisdictions including China and the EU.
DEVELOPING CONSTITUTIONAL IDENTITY THROUGH THE INCREMENTAL MODEL
The concept of constitutional identity can be considered from the duelling perspectives of socio-cultural theory or positivism. It can be also considered as a descriptive tool or as for normative purposes. The malleability of the concept has resulted in a diverse range of uses: to protect the constitution against supranational norms, or as a firewall...
PROTECTING NATIONAL SECURITY AND PREVENTING TERRORISM THROUGH ADMINISTRATIVE MEASURES
In many democracies governments have to consider what measures to adopt in an effort to best protect their national security. The war against terrorism has increased the use of administrative measures that can be quickly adopted and effectively implemented. The panel aims to discuss the importance of legal design in balancing security and fundamental rights...