Gender Equality is a principle enshrined in China‘s constitution, but to what extent is it implemented in divorce cases? This paper explores this question from three aspects of divorce law practice in Chinese courts: whether a divorce is granted, who gets the custody, and how the matrimonial property is divided. It argues in many ways...
Gender Segregation in Public Places: Religious Accommodation or Sex Discrimination?
The Ultra-orthodox (UO) Jewish community in Israel is a highly religious group that comprises 8% of the population and abides by strict modesty standards that call for the separation between men and women in many settings. In order to facilitate the integration of the community in the public sphere Israeli authorities have in the last...
Good governance through the prism of the European Court of Human Rights
The principle of good administration has many intellectual homes yet seldom is it analyzed outside the European Union context. Such lack of academic attention does not seem warranted because since the Beyeler case of 2000 the European Court of Human Rights (ECtHR) has named an increasing number of requirements that national administrations have to respect....
Governance of Data and Data Flows in Trade Agreements
The US has developed an evolutionary regulatory design for digital trade via its free trade agreements, with the (later abandoned) Trans-Pacific Partnership (TPP) Agreement as the most advanced model. This approach contrasts with the digital trade strategies of the EU and China which remain outside the remit of the TPP. What are the prospects for...
High Courts and Autocratic Consolidation: The Venezuelan Supreme Court under Nicolás Maduro‘s Rule
This article discusses the role of high courts in a consolidating autocracy. The use of high courts to entrench authoritarian rule depends on a series of non-exclusive conditions related to the court system, regime features and political context. A supportive judiciary can help the government compile information on a range of actors and provide a...
Human rights protection as justice in post-Brexit Britain
The paper explores how human rights protection is overlooked amongst the chaos that has befallen the UK in its complicated process of negotiating an exit from the EU. The protection of these rights has garnered attention, mostly because of the UK‘s past behaviour towards accepting European human rights in its own domestic regime. There has...
How Different are Male and Female Judges in Australia? A Time Series Analysis
A common argument is that more women judges will make the judiciary more representative of the community it serves and thereby increase the democratic legitimacy of the courts. This argument assumes that there is something different about female judges when compared to male judges. This paper uses 15 years of demographic data to test that...
Human rights, national identity, public security and sovereignty – Constitutional questions on the conception of the EU‘s compulsory quota system
In 2015 approximately one million asylum seekers arrived in member states of the European Union, influencing and raising constitutional questions upon human rights, unity, public security, national identity and sovereignty. The Schengen system is known for its open borders, but in the last two years, the flow of migrants has caused some member states to...
Impeachment Procedure in the Korean Constitutional Litigation
Impeachment is procedures of the Congress and Constitutional Court to prosecute, punish or dismiss a government official, such as a senior official in the executive branch or a judge, who is unable to be prosecuted or disciplined under general judicial procedures or disciplinary procedures. It is the system for the protection and maintenance of the...
Inaccessible Rights: The Unrealised Potential of the Bulgarian Constitutional Court
The current Bulgarian Constitution, adopted after the fall of communism, introduced a Constitutional Court entitled to centralised judicial review. This unprecedented institution was declared guardian of the fundamental rights entrenched in the new constitution. However, individual citizens were not granted direct access to this court. Moreover, its review powers were subjected to considerable procedural and...