Market and democracy came together. There are correlation and paradox among the market globalization, state sovereignty and democracy. The market globalization had a great impact on the sovereignty and democracy of the nation-state. Sovereign countries are faced with the globalization pressure and selection dilemma between the sovereignty and democracy. Democracy can play a balancing role...
Democratic Backsliding in Israel
Recently Israeli democracy, once considered strong and stable ,is backsliding. I’ll claim that Israel is especially susceptible to democratic backsliding because its constitutional order is a semi-liberal constitutional order. Israel‘s continued occupation of the Occupied Territories, aspects of its treatment of its Arab citizens and aspects of its religion state relations combine to make it...
Democratic Identity, institutional inadequacies and the Political
My proposal explores three concrete institucional flaws that are key to unravel the current situation of desoriented democratic identities in contemporary constitutional systems -emphasis placed on Latin American polities-. In this regard, a cross-cutting insight can be borrow from comparative constitutional analysis. It basically provides that substantive and normartive demands of liberalism -particularly within the...
Ethnicity and power sharing in African federations
More than a clamor for autonomy, it is access to central power that defines the political contestations characterizing African states. Autonomy, within a decentralized framework, does not feature prominently in the debates about institutional design and reconfiguration of the African state. The literature on conflict management in Africa is rather replete with modes and experiences...
Examining Trajectories for LGBT Rights
According to a common belief of many advocates and analysis of LGBT rights, the liberalization of rights related to LGBT people occurs through a sequence of legal changes, beginning with decriminalization, followed by laws relating to economics and the public sphere (workplace, public accommodations, military service), then laws related to family (adoption, domestic partnership) with...
For a social theory of migration law
The social theory of migration has attached a marginal role to the State and the law, focusing on demographic, economic and social factors instead. Much of the literature argues that attempts to regulate or limit migratory flows fail in all major industrialised democracies (Hollifield, Martin, Orrenius 2004; Castles 2004). Others have explicitly criticised this idea:...
Policy and Procedure in the Age of Personalized Foreign and Security Policy
This paper explores the dynamic between courts and policymakers in the areas of foreign affairs and national security through an empirical study of the targeted sanctions jurisprudence of the EU courts. It draws on an original dataset that includes judicial decisions reviewing 204 individual sanctions imposed under the EU Iran and Syria sanctions regimes, as...
From banned interviews till Saturday Night Live: judicial appearance in the media and its limits
Judges live and work in a society and cannot be isolated. They enjoy freedom of expression, but it may jeopardize their impartiality or even their independence. A reasonable, constitutional balance needs to be struck in this field. Should a judge appear in a media? As a judge or as a private person? What type of...
Fundamental Rights and Security in the Digital Era – the Case of Data Retention
In the past decade, European courts have struggled with the challenge of reconciling fundamental rights and security in the digital era. Nowhere has this challenge come to the fore more acutely than in the case of data retention. In its landmark judgment of April 2014 in Digital Rights Ireland, the Court of Justice of the...
History and the constitution
Sajó argues that constitutions, rather than being forward-looking, ‘reflect the fears originating in, and related to, the previous political regime‘. Exploring this thesis in reference to contemporary constitutions drafted as part of peace-making or regime change processes, I argue that not only are constitutions shaped by historical circumstances, but that they create and utilise historical...