This paper evaluates the different tactics of hybrid regime to cope with contentious politics by legal means. The author suggests that hybrid regimes can repress political opposition by legal instruments without creating political instability. By using a method of triangulation between history, media and case law, the author traces the institutional setting of post-colonial Hong...
Dilemmas and Limits for Constitutional Courts to Defend Democracy in an Era of Deep Globalisation
Globalization has led to growing perceptions of inequality and reduced democratic margins. The constitutional complaint before the German Federal Constitutional Court (FCC) against Germany‘s consent in the Council to the preliminary enactment of the CETA between the EU and Canada is an example for the attempt to defend democratic margins against encompassing free-trade regimes through...
EU Unilateralism and the Development of International Law
Much has been made of the US’ recent withdrawal from leadership in multilateral institutions. This is often contrasted with the approach of the European Union. The Treaties commit the EU to seek solutions to international problems through multilateral means, and the EU has sought to influence the development of international law via multilateral institutions. Yet...
European constitutional courts towards data retention laws
One of the most commonly applied measures to combat terrorism is a mechanism of telecommunications data retention. Serious doubts regarding its intrusive nature were raised. State authorities being in possession of traffic and location metadata may monitor social behavior of individuals, detect sources (journalism) or political opponents. Our paper explores constitutional limits for legislative interference...
Exploring State transformation to guarantee citizens fundamental rights and security
In this work we will analyze two new scenarios that are forcing the State transformation to guarantee citizens fundamental rights and security: cases where the State needs ITC private operators to fulfill its national security duties and cases where ITC private operators decisions impact State traditional roles. For instance, courts from different States have decided...
Facing the Shadows of the Past During Transitions: The Role of the Constitution in the Case of Hungary
One of the greatest challenges facing Hungary is coping with the grievances left by the authoritarian and totalitarian regimes in the 20th century. The question of how to settle the pro-Nazi and communist pasts of the country was first raised during the democratic transition in 1989. This paper discusses how the democratic 1989 constitution of...
Family law arbitration, how new British citizens are seeking justice
British commonwealth citizens came and built their lives in Britain and with that came family reunification and the birth of the first British born South Asians. These new Brits have gone on to have their own families and now are left with the difficult task of framing their plural identity alongside their place of birth....
Foreign judges on constitutional courts: Global insights from Pacific experience
Foreign judges sit on courts of constitutional jurisdiction in more than 30 independent states across the world. The practice is particularly prevalent in the Pacific. Over the past 15 years, 187 foreign judges have served on the courts of constitutional jurisdiction in Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu....
From ‘Old Wounds‘ to Constitutional Uncertainty – Addressing the Impact of Brexit on Northern Ireland
The impact of the UK‘s exit from the EU – Brexit – is likely to be felt in Northern Ireland in a unique way. The Good Friday Agreement, ending the decades-long ‘Troubles‘ era, is presaged on mutual recognition of standards and free movement of goods, people and services between Northern Ireland (as part of the...
Freedom of Expression in Taiwan
The Constitutional Court‘s reliance on American theories does not necessarily guarantee free speech at a higher protection level since the Court often appears insensitive to not only a future of innovative communication technology but also the country‘s authoritarian past. With regard to the freedom of the media, the majority failed to pay particular attention to...