This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so....
The Sovereigntist Challenge – Backlash to International Institutions and Public Law Theories
Since the end of the cold war the proliferation of international institutions and courts have strengthened the rule of law at the international level. Today, however even liberal-democratic states question the liberal internationalism on which the international legal system has been based. I argue that the United States, South Africa and India justify the exit...
The separation of powers in civil law countries
My paper will discuss how the separation of powers, as understood in civil law countries, proved ineffective in protecting liberty. I will argue that it has been quietly replaced by what Americans consider a system of checks and balances. I will argue that checks and balances are needed because as Lord Acton put it “Power...
Why Constitution Matters with Transitional Justice: Comparison of Taiwan and South Korea
The paths of constitutional reform and democratization in Taiwan and South Korea paralleled as well as diverged from each other. The difference has a huge impact upon their policies and legal strategy toward transitional justice. Constitution in post-authoritarian Taiwan failed to form a new political identity against past atrocity. Even though the Constitutional Court has...
Response to The Alchemists book
This response will be based on Sujit Choudhry‘s expertise in the area of constitution-building and democracy-building, and on the proliferation of constitutional courts in particular. Prof. Choudhry has already read the book in full and provided a blurb on the book’s Cambridge Press webpages stating: “Tom Gerald Daly‘s The Alchemists is an important contribution to...