The idea that the constitutional amendment power is limited and that amendments can be unconstitutional gains traction by the day. While scholarship attempts to make a theoretical sense of it, the idea continues to migrate across jurisdictions. This panel will discuss the idea of unconstitutional amendments from both theoretical and comparative perspectives. Is the Slovak...
Category: <span>Panel Paper</span>
CONSTITUTIONALISM IN CONTEXT I
The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...
OXFORD HANDBOOK OF CONSTITUTIONAL LAW IN ASIA
This panel brings together a selection of chapters from the forthcoming Oxford Handbook of Constitutional Law in Asia, which covers East Asia, Southeast Asia, and much of South Asia from a regional and interdisciplinary perspective.
SECURITY CHALLENGES AND HUNGARY – A EUROPEAN CONTEXT
The panel addresses the question whether the increased presence of various threats to national security and the legal responses has challenged the commonly accepted notions of the rule of law, democracy and human right standards in Europe, and most particularly in Hungary. Recently, problems have called for and resulted in the establishment of different crisis...
UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS IN COMPARATIVE PERSPECTIVE
This panel will consider a range of under-explored questions relating to the doctrine of unconstitutional constitutional amendments. Are their alternatives to invalidating a validly passed constitutional amendment? Can constitutional design and democratic sequencing deal with the problem of anti-democratic, but popularly supported, forms of constitutional change? How do we resolve the tension between ‘eternity‘ clauses...
CONSTITUTIONAL COURTS AND ‘FOREIGN’ JUDGING
The traditional model of constitutional judge is a local citizen and resident, and an individual appointed for life, until a certain age, or a non-renewable fixed term. Not all judges, however, conform to this archetype: judges in a surprisingly large number of countries are in fact foreign citizens and residents. Many of these – and...
LAW OF THE DIGITAL AGE
The global and digital life is a challenge for every regulator worldwide: with the wide use of robotics, artificial intelligence and blockchain technology, the world is now changing faster than the law could give an adequate reaction. This is effecting many spheres of life: from governmental offices to private workplaces, from the procurement process to...
DISCRETION AT WORK – QUALITY OF LAW-MAKING & MIGRATION POLICY II: CASE STUDIES
Work on better law-making and quality of legislation has boomed over the last decade. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. There is a growing literature on the...