This chapter focuses on avenues by which judges in Asia interact with their counterparts in other States on constitutional questions. The practice of judicial networking in Asia is illustrated through case studies of the Association of Asian Constitutional Courts, the Asian Judges Network on Environment, and the Korean Constitutional Court. The chapter argues that the...
Reconceptualising prerogative powers after Miller
In the third paper, Gavin Phillipson will address some key questions raised but not resolved by the decisions in Miller and Bancoult (which concerned the exile of the Chagos Islanders). He will argue that, contrary to the traditional ‘residual‘ view, the prerogative is best seen today as a bundle of discrete powers, that this view...
Quality Control and Management in Legislation
It is not enough to claim the quality of legislation. It has to be realized as well. The question is whether the general assumptions of quality management systems can, if at all and to what extent, be adopted to introduce and ensure a quality management of the legislative process. In this paper, a possible theoretical...
Quantitative Approaches to the Study of Constitutional Drafting
This paper surveys and critically discusses the relatively new and rapidly growing subfield of quantitative scholarship on constitutions, with particular attention to the challenges involved in addressing the question of whether and in what ways formal constitutions actually matter in the real world.
Questioning legal personhood
Drawing on the works of Roberto Esposito and Jacques Rancière the paper seeks to unpack and revisit the notion of legal personhood and the correlated distinction between legal subjects and objects in contemporary EU law. Using the lens of asylum, its intended aim is to bridge the gap between the order of nature and that...
Public Participation in Administrative Decision-Making: A Northwestern China Story
Public participation in administrative decision-making is one of the basic avenues to realize publicans‘ rights. It is also the essence of publican mastering their own affairs. In recent years, China has carried on a valuable practice and exploration in public participation in the administrative decision. However, there still exist some problems: First, the main body...
Safeguarding rights through deregulation? What Free Expression can learn from Privacy
Despite ongoing conflicts about the implementation of the GDPR, it represents a landmark piece of legislation that will define the international concept of Privacy for decades to come. The GDRP represents an agreement within Europe that the right to privacy needs greater levels of protection and a common understanding of how elements of this right...
Saved by the Court?
Most of the discourse regarding courts focuses on the debate between traditional and popular constitutionalism. Yet both approaches have faith in a strong political theory. In contrast with the trust in theory, I believe that our knowledge is largely determined by the present reality. That explains why there have been decades of research on high...
Rules of Ethics and Qualifications of EU Investment Court Judges
This paper focuses on the new rules on qualifications of, and ethics applicable to, the members of investment tribunals to be established under the investment chapters of various free trade agreements (FTAs), such as the CETA the TTIP proposal, and EU – Vietnam FTA. This paper first seeks to identify whether the rules live up...
Rule of Law and Democratic Legitimacy: Legislative Engagement in National Security
There is a common refrain, in US and UK legal writing, that an assertive exercise of judicial power particularly in matters of national security jeopardizes established institutional arrangements, most especially democratic accountability. When courts take the reins, the legislature loses the incentive to act and provide political/democratic checks on executive power. As the division between...