Giovanni Sartori ‘democracy on a large scale is not the sum of many little democracies.‘ I ask the same question of the rule of law. If rule of law applied similarly to every subsidiary unit, would this achieve a more complete rule-of-law? Most accounts of the rule of law stress the importance of congruence between...
The forgotten alternative: Ancient political thought
Goldoni‘s and Wilkinson‘s “material constitution“ offers one of the most elaborate alternatives to the constitutional normativism of our time. It is sociologically rich and pays heed to the economic forces underpinning a constitutional regime. Yet, along with other “sociological“ and “political“ approaches to constitutionalism it does not take into account that modern constitutional law emerges...
The formalization of interoperable networks: constitutionalising information sharing in the AFSJ?
Information sharing has occurred over the years within the AFSJ in the absence of a comprehensive data protection framework; and on the basis of informal agreements between legally and structurally different bodies, equipped with different tasks, often in contrast with the legality principle. This paper investigates whether today, in the design of law enforcement modalities...
The ECB’s accountability to national and European parliaments today
The European Central Bank is a strictly independent institution. Nevertheless, this does not mean that it may not be held accountable for its actions; rather, it implies that it is submitted to an accountability of a special kind that does not entail (strong) consequences. With the creation of the Banking Union, accountability mechanisms vis-à-vis national...
The ECtHR‘s LGBT* rights case law: policing, shifting, and subverting (?) ‘borders‘
At a time when the trajectory of LGBT* rights recognition in international human rights law is widely celebrated, this paper examines the policing, shifting, and potential subversion of different boundaries in supranational LGBT* rights jurisprudence. Focusing especially on gender designation, LGBT* asylum claims, and the bounds of popular acceptability as they arise in the LGBT*...
The Enfranchisement of Foreign Residents: Nationality versus Affectedness
One important aspect of globalization is characterized by the movement of people across national and international borders, which could undermine the legitimacy of social systems and institutions that have existed within, and relied upon, the nation state. The enfranchisement of foreign immigrants is undoubtedly one of the challenges faced by countries because of the pressure...
The concepts of a state necessity in legal theory
The concept of necessity is deeply rooted in legal traditions of many nations. A medieval Latin sentence: “necessitas legem non habet“ has its equivalents in the most of modern languages. Its meaning and importance in private and public law has evolved over hundreds of years. Despite many attempts, there is still no comprehensive juridical theory...
The Constitutional Project of “One Country, Two Systems“ in Hong Kong
The constitutional arrangement of “One Country, Two Systems“ as applied to Hong Kong since 1997 was designed to enable Hong Kong as a Special Administrative region (SAR) of the People‘s Republic of China (PRC) to enjoy a high degree of autonomy, to preserve its common law based legal system, the rule of law, judicial independence...
The challenges and opportunities China presents for the evolution of Global Constitutionalism
The presentation put things in a global perspective, discussing in particular the significance of the rise of China.
The Politics of Judicial Engagement with Constitutional Amendments
Constitutional amendment is a common method by which political branches bring about constitutional change. Some of these amendments however may critically transform the existing constitutional arrangement to serve what Landau and Dixon have called “abusive“ constitutional aims. This paper examines recent judicial engagements with constitutional amendments in Singapore and Malaysia. In particular, it highlights the...