The liberal orientation of rule of law discourse has treated the state as the primary antagonist against rule of law values. However, in much of the world, the provision of law and regulation of private force is plausibly identified as also being a core rule of law value. The protective function of state law, and...
The role of the Court of Justice of the European Union in reviewing extraterritoriality
When courts are faced with questions regarding the territorial scope and regulatory reach of domestic legislation, they engage with complex political issues. These extend beyond traditional conceptions of state sovereignty and non-intervention on which the functioning of courts is typically based. This paper examines the role of the Court of Justice of the European Union...
The role of the Inter-American Court of Human Rights in protecting women against endemic violence.
In some Latin-American countries, violence and discrimination against women is an endemic issue. Starting from the 2009 Cotton Field case [González et al (‘Cotton Field‘) v México, Series C 205 (16 November 2009)], the IACtHR has converted itself in a human rights court leader in judging under the gender perspective paradigm. Thus, this paper will...
The Right to Violate Victims‘ Rights – A Constitutional Review
Can criminal justice system‘s officials freely violate crime victims‘ rights, despite the alleged recent ‘victims‘ revolution‘? The constitutional value of provisions protecting officials from criminal or civil ramifications of their failures, limiting civil and criminal accountability and impact, is analyzed in this article. It exists, for example, under US federal law and in Israel, and...
The rise of global governance and liquid authority: new challenges for Public Law from a Brazilian historical perspective
The paper proceeds to a literature review on the historical formation of a global governance, the rise of liquid authority and the construction of new fields of public law that have emerged transnationally (notably, the Global Administrative Law and Global Constitutionalism). By contextualizing these theoretical contributions into a brazilian historical perspective, the paper presents the...
The relationship between rules and technologies in a modern healthcare system
Scientific progress in health care, increasingly fuelled by new technologies in recent years, constantly poses questions whose answers are not easy to identify. While laws try to codify new phenomena related to technological development the rule of law and the consequences of technology are not always in step. This work aims to highlight discrepancies between...
The Puzzle of States and their Territory
No state can emerge without territory. However, only states (and some similar entities) possess territorial title. This creates a puzzle: statehood cannot emerge only in response to the rights that it grounds. Maybe the capacity to possess title is a consequence of statehood, whilst control of territory is one of its antecedents? This achieves consistency...
The Redress of Law
This intervention will discuss the introductory chapter of the book and will focus on the space of political conflict and constituent power in constitutional orders almost suffocated by market thinking.
The Regional Constitution of the Investee State
This paper argues that domestic arrangements are not only changed by formal international norms. They are also transformed by State narratives as to why these norms should have authority within their territories. This is particularly so with regional trade agreements. Authority for their wide-ranging claims to obedience cannot provided by the meagre gains supplied by...
The Prerogative and Non-Statutory Powers: A Comparative Analysis
In this first paper, Margit Cohn will provide a broad perspective for the panel by considering UK prerogative powers, argued in Miller and elsewhere, in light of comparative law and the looser concept of “non-statutory“ powers, sometimes considered in the UK as “third source“ or “new prerogatives“. The questions addressed in the panel will be...