A theory of legal constraints start with a realistic conception of the interpretation, according to which the legal actors (ie. authorities authorized to produce legal rules) are free to choose between several possible meanings of the texts which they have to apply. Nevertheless, the legal actors do not decide in a completely arbitrary way. From...
‘Nationalism‘ versus Identity Pluralism? The Preservation, Management and Valorisation of Archaeological Heritage
This paper will analyse the key role played by the State in the preservation, management and valorisation of archaeological heritage in Italy. First, it will reconstruct the main points of the debate raging in Parliament and academia after the unification of Italy over how to control the loss of archaeological objects. It will show how...
“For My Enemies, The Law“: Abusive Legalism
This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary“ law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing...
“One Country, Two Systems“ after 20 years: From Semi-Democracy to Semi-Authoritarianism
This paper argues that the nature of Hong Kong‘s constitutional and political systems has changed from that of Semi-Democracy to Semi-Authoritarianism. The presentation will examine the reasons behind the change and its implications on the future of “One Country, Two Systems“ in Hong Kong.
“Populism versus Democratic Governance“
This paper shifts the focus to the engagement between populism and democratic governance as an institutional account of how democracies function. Post-2008 anti-elitism as a social commitment translated to a robust anti-institutionalism in terms of state authority. The aim is not so much to provide definitions of either populism or democracy as to call attention...
A Deafening Silence? Non-Judicial Dialogues in a Dominant-Party Democracy
The Singapore judiciary is not known for actively or robustly pushing the national constitutional discourse in a way that can be observed in highest courts in other matured jurisdictions. That is however not to say that the Constitution leads a dormant existence: on the contrary, its role and the meaning of its provisions are very...
A Tale of Two Unions. Debate on the Investment Court System and Competing Visions of European Integration
The paper discusses competing positions and arguments of main European actors in the debate on the Investment Court System (ICS). The European Commission pushes for the ICS to replace investor-state arbitration, in bilateral agreements (such as EVFTA and CETA), as well as a future multilateral solution. The ICS mechanism is meant to remedy legitimacy deficits...
Active Virtues: Case Attraction in Constitutional Courts
Research shows that “successful“ constitutional courts control their own agendas. Specifically, they avoid controversial cases to protect their legitimacy. We show that the power to avoid controversial cases has a logical counterpart: the power to attract uncontroversial cases. By attracting such cases, and resolving them to the satisfaction of powerful actors and the broader society,...
Admissibility of Evidence Obtained through Mutual Assistance in Criminal Matters between Mainland China and Hong Kong: Inter-Regional Conflicts of Law
This article explores the issue of admissibility of evidence obtained through mutual criminal assistance between mainland China and Hong Kong. First, confessions obtained by hope of advantage are inadmissible in Hong Kong courts. However, evidence derived in such a manner cannot be used as grounds by the mainland court to exclude evidence. Second, if the...
An Appraisal of Legislative Procedure in the Singapore Parliament
This article critically examines legislative procedure in the Singapore Parliament. It explains how procedure can provide the time, information, and opportunities for effective legislative scrutiny by Parliament. It then considers in detail the different stages of law making which Parliament is or should be involved in—the passage of Government Bills, pre- and post-legislative scrutiny, subsidiary...