The theory of intersectional discrimination arose to highlight the legal subjectivity of black women through centralisation of the specific discrimination they endured at work and elsewhere. Although designed to give political voice to this group of workers who were eclipsed in discrimination law, the breadth of the intersectional vision was not limited to these women....
The Party and the Law: China‘s Legalization of Party Punishment
The most significant legal innovation that Xi Jinping plans to institute to expand his anti-corruption campaign is the anticipated creation of a National Supervisory Commission in March 2018. This institution will require the adoption of new legislation and Constitutional revisions. In effect it will consolidate the control of the Chinese Communist Party’s discipline inspection over...
The Nationalist Challenge to Human Rights Courts: On Resilience and Conflict Management of the ECtHR
International courts find themselves in the center of the current backlash against international law. In most cases, the backlash against international courts manifests itself in severe challenges to the authority of a court in public discourse, through its politicization, and the non-implementation of judgments. Human rights courts as agents of counter-majoritarian interests are particularly prone...
The nexus between ‘energy security‘‘ and ‘ecological security‘: the case for an integrated policy framework for effective mitigation and adaptation to climate change
Both ‘energy security‘ and ‘ecological security‘ are fundamental notions that highlight the need for States to cooperate towards adoption of effective transnational measures to address the challenges of environmental protection and natural resource scarcity. This paper argues that policy responses to climate change should aim to redefine the notions of energy and ecological security by...
The Lie of Constitutional Governance
This intervention takes up the chapter on the substitution (of political for market constitutionalism) which is played out under the sign of governance. Where in the past the distinction between public law and private law organised the field and demarcated the spheres of public interest and individual freedom respectively, today we confront the pervasive move...
The Rule of Law and Algorithms
The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic environment, exploring how the expertise of constitutional law might address the legal issues raised by these technologies. As a premise, this study considers the normative power of algorithms, in order to stand out the regulatory logic underlying...
The Rule of Law in China and its Problems
This paper begins with a description and an assessment of China‘s 40 years‘ construction of the rule-of-law. Section I discusses the conceptual framework I use to describe and evaluate China‘s rule-of-law construction, and then offers a brief account of the past 40 years of China from the perspective of the rule of law. Despite the...
“Chief Justices of Constitutional Courts in Democratic Transition: Roles and Models”
The disagreement on the proper role of judges confronting upon issues of political morality goes back to the renowned debate between Herbert Hart and Ronald Dworkin. The generations of constitutional courts, led by ambitious chief justices in many countries, are considered the most important institutional guarantors of transitional justice and constitutionalism on account of their...
The Resilience of Transnational Regulatory Networks in the Age of Authoritarian Pushback
At the end of the 90s, Anne Marie Slaughter claimed transnational regulatory networks (TRNs) were an extremely promising form of global governance because of their flexibility, speed, and informality. This optimistic attitude changed in the aftermath of the global financial crisis. At the beginning of this decade, David Zaring argued that the crisis showed the...
The rhetoric of crisis in Constitutional Law
The Constitutional Law has among its duties to deal with political and juridical crisis. That’s the reason why it provides some mechanisms such as impeachment, martial law, etc. The logic is that in periods where the law is challenged, some exceptional tools are required. However, the rhetoric of crisis is increasingly, and brings the defense...