The German accommodation system for asylum seekers is based on a fundamental ambivalence: it is torn between the idea of social welfare for those in need and the aim of deterring those about to come. In the aftermath of the so called European “refugee crises“, numerous laws were passed that strengthened the idea of deterrence....
GPS investigation and right of the target. It intrudes the “privacy“?
Using the new technology such as Global Positioning System (GPS) in criminal investigation poses the problem relating to the target‘s right. This past March, the Japanese Supreme Court‘s grand bench ruled that the collection of GPS data by police threats target‘s “privacy“ and is the mandatory investigation required a warrant because of its unique features...
Gremlins in the Electronic Voting Machine: For a Right to Vote Analogously
Voting machines offer convenience. They economise infrastructure and potentially increase voter turnout. Yet, we are trading in information security, a bad deal for democracy indeed. I propose a right a vote analogously, using pen and paper. The machines may suffer technical failure, changing data. Implanting malware or hacking the network can compromise the vote tally....
Gun Control, Security, National Identity: The Story of Fighting EU Law by Introducing “Right to Bear Arms“ into Czech Constitutional Order
As a reaction to terrorist attacks in Paris, EU institutions adopted a directive that in some respect tightened the gun control rules. Using the prevailing eurosceptic mood of citizens and (unexistent) threat of Muslim immigration, opponents of the directive started to fight its implementation in Czechia. Their efforts started to be supported by the government...
Homoglobalism: Global Gay Governance
In 2016, the UN appointed an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI), and the World Bank announced the appointment of an advisor on SOGI. Both nominations are part of a wider trend of global institutions beginning to engage with LGBT issues. My paper considers what...
Hubris, Constitutionalism and the ‘indissoluble unity of the Spanish Nation’
The paper analyses the struggles of the Catalan Government to organise a referendum on secession and the Constitutional framework invoked by the Spanish central authorities to prohibit it. On then one hand, it shows that the repression of secessionist referendums within the Spanish Constitutional framework triggers several problematic questions concerning the role of constitutional supremacy...
Human Rights in South Korea: Fault Lines and Frontiers
This paper maps out current challenges for human rights and the human rights movement in South Korea. It argues that, while recent political developments in the country may appear to give us reason for optimism, they also mask fault lines that the human rights movement must address, including issues surrounding gender rights, LGBT rights, and...
Hungary‘s response to security challenges – regulatory background
Starting from 2015 the increased number of asylum seekers triggered a set of legislative changes in Hungary, which situated on the so-called Balkan-route has become a transit country for the asylum seekers arriving in Greece. The measures implemented by Hungary, such as the border-fence on the border with Serbia and Croatia, the introduction and constant...
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Foreign judges play an important role in the constitutional or apex courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to this phenomenon of “internationalized“ or “hybrid“ constitutional courts. This article thus addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential...