In this contribution to the panel, I will describe the specific characteristics of Polish populist dismantling of constitutional checks and balances typical of liberal constitutionalism: the cumulative and comprehensive nature of assaults upon checks and balances and upon political rights; the factor of emulation (mainly, of the Hungarian example); statutory “amendments“ of the Constitution; the...
Regulation and Technology: Reducing the Digital Divide as a Legal Tool to Protect National Interests and Support Economic Growth
In the last years, several European and non-European governments implemented policies aimed at reducing the digital divide between their inner geographic areas. Digital divide is indeed a relevant source of social and economic inequalities between individuals and companies. Even if different in their own features, all these public programs aspire to facilitate economic growth, level...
Regulation without Law? Perspectives from China on International Regulations Governing Infringement Disputes
By analyzing Wechat platform‘s and its users‘ behaviors, this paper assesses the effectiveness of internet governance, especially the informal forms of regulations, and the influence of such behaviors on the practice of different stakeholders involved. This research might be of help to standardize informal social regulations in China‘s IT industry, and build an orderly and...
Reflections on External Advice to Constitution Making
Professor Ghai provides reflections on the panel’s remarks, and discusses trends and changes in his four decades of experience providing – and receiving – constitutional advice.
Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China
The Basic Law of Hong Kong proposes the eventual election of the legislature and chief executive by some form of universal suffrage. Achieving this requires consensus between the political branches in Hong Kong and the legislative body of the People‘s Republic of China. Although not a formal requirement, any democratisation efforts will also need buy-in...
Reconstructing Constitutional theory of Right to life with special reference to Constitution of India
Article 21 of Constitution of India provides, “No person shall be deprived of his life or personal liberty except according to procedure established by law.“ Obviously, its mandate is both vertical and horizontal. However, it is not clear from its text whether the power of the State to enact the law and lay down procedure...
Public procurement in a “21st century“-way: how new technologies may change public spending?
According to EU statistics governments and other public authorities are spending about 16% of the GDP through public procurement contracts. This way the regulation of the public procurement process highly effects the business environment, and can work as a catalysis for sustainable, eco-friendly and financially rational supply. This system is however a static one: stability...
Right to Education of Person with Disabilities at crossroads : Inclusive versus Special education
Despite the clarion call of UNCRPD 2006 for embracing the Human rights model of disability, and to recognize right to education as one of the enablers for evolving the dignified social identity of PWD, in India we are engaged in needless debate whether Special education is a norm and inclusive education is an Exception. In...
Rethinking Constitutional Law
A dialogue was developed between Calabresi, Ackerman and Skach regarding the most successful separation of powers model. Calabresi argued in favor of USA’s presidential system, Ackerman supported constrained parliamentarism and Skach recognized the popularity of the semi-presidential.Recently, Gardbaum inspired by the work of Levinson/Pildes demonstrated that the separation/fusion between the executive-legislature depends on the political...
Rethinking Gay Visibility
This paper draws on theories of visual culture to posit a paradigm of ‘gay visibility’ for legal studies. It demonstrates that visibility is critical to gay life and politics, but that it operates as a paradox because it simultaneously advances and undermines minority rights and identity. It then analyzes the ways in which this paradox...