It is well known that the Constitution of China is not justiciable. In practical terms, the Constitution of China has effect only after its provisions are further enacted into ordinary legislation. The Court protects constitutional rights generally through two methods: (a.) the application of specific legislation interpreted in line with the constitution; (b.) the application...
Can federalism help bring peace to South Sudan?
The civil war in South Sudan has claimed the lives of more than 50 000 people and displaced millions. South Sudan formally became independent in 2011, descending into civil war soon thereafter. Debates about the future of South Sudan have always included federalism as a mechanism to foster peace and development. The 2011 Constitution, meant...
Canon construction as an interpretive exercise: A critical perspective
This paper argues that we should look at the project of canon construction as not merely a descriptive, but an interpretive exercise (channeling Dworkin) — and we should think carefully about how matters of experience and perspective (i.e. who is at the table) will shape what counts as canonical, and what cases are part of...
CEDAW incorporation and federalism: the role of subnational conflict for the strengthening of women’s rights through an abortion case in Argentina
The paper examines a conflict-centered subnational incorporation model of the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), through the lens of an abortion case in Argentina: “Case of L.M.R.“ from the Province of Buenos Aires. This case was brought by feminist organizations to the Human Rights Committee after a 19...
Chief Justices 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...
China‘s Approach to Internet Sovereignty: Maintaining cybersovereignty?
China has long promoted “cybersovereingty“ as an alternative cornerstone to internet law and regulation and is currently engaged in a sweeping new regulatory agenda, ostensibly focused on cybersecurity, but affecting every bit of the digital economy. The presentation analyses China‘s approach to internet sovereignty in light of recent trends and possible tensions between regulatory approaches...
Civil Liberty and the Use of Surveillance Materials in Counter-Terrorism Law Enforcement — A Constitutional Reappraisal
The balances between liberty and the response to terrorism were struck in the first flush of emergency. This is especially the case when governments employ surveillance materials in counter-terrorism law enforcement. On one hand, it is imperative for the domestic law enforcement officers to maintain order with the widespread use of surveillance materials. One the...
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: possible outcomes
The objective of the Common Legal Drafting Rules for the Portuguese-speaking countries and regions project is clear: the determination of common rules and standards for legal drafting in the Portuguese-speaking legal systems. The idea is to take advantage of the common basis present in all the legal systems with a Lusophone basis to, in an...
Comparative Settler-Colonial Constitutionalism
State formation in settler states has been intertwined with settler-colonialism. Settler-colonialism is not just a matter of the past, but it is a foundational aspect in the settler state. Inspired by TWAIL scholarship, and drawing on the work of theorists of settler-colonialism, this paper examines some aspects of constitutional law in a number of settler...
Conscientious Objection in the Context of Compulsory Vaccination (and Beyond)
Conscientious objection and civil disobedience are important concepts that raise fundamental questions about the relationship between individuals and political authority. One of them is the problem of the legal status of (religious or secular) conscientious objection – in legal theory, international law and in national constitutional law. A good opportunity to analyse the concept of...