A Constitutional Court, in federal or quasi-federal countries, defines the degree of centralization or political decentralization. Therefore, this research seeks to identify whether the opening of the Court’s decision-making process for the participation of state or subnational entities (such as State Government and Legislative Assembly) can attenuate centralization (these state level actors are heard by...
Post-Legislative Doctrine In Public Law
The legislation is dynamic action and phases, pre-legislative, legislative and post-legislative. I have studied post-legislative doctrine, legal norm control, typical to the European Union legal order. I have studied more closer the art. 263 TFEU and 267b TFEU of the Union and relevant case law (Digital Rights, Vodafone etc.). As conclusions the most important aspect...
“In through the back door“: Empirical findings on third countries as EU environmental legislators
The paper analyses the role of third country lobbying in the EU. The novelty of the paper lies in applying insights about lobbying to the implementation and enforcement stages, not only, as is traditionally done, to the legislative stage. The contribution focuses on the lobbying efforts of the US, China and Japan in the context...
“We didn‘t start the fire“: The Exercise of Authority in NAFTA Dispute Settlement and the Nationalist Backlash
As the discourse of economic nationalism seems to have gained political momentum, international trade and investment law stand at the eye of the storm. NAFTA, in particular, has (re)emerged as a point of contention more than twenty-four years after its entry into force. The threat of withdrawal by officials from the United States of America...
A Comparative Study of the Preliminary Reference Procedure under the Hong Kong Basic Law and the Treaty on the Functioning of the European Union
This paper discusses the preliminary reference procedure under Article 158(3) of the Hong Kong Basic Law and its transplantation from Article 267 of the Treaty on the Functioning of the European Union (EU). It argues that this part of Hong Kong constitutional law is woefully underdeveloped due in large part to the unwillingness of the...
A Constitution with Multiple Judicial Voices: The Challenge of Canon Construction in European Constitutionalism
My paper is concerned with the challenge of canon construction in European constitutionalism. This challenge stems from the unique, dynamic character of European constitutionalism, marked by the continuing presence of competing claims to ultimate legal authority. Accordingly, the paper suggests that our discussion should focus on constructing a canon which would help manage the conflicts...
A role of “constitutionalism“ in the recent constitutional debates on Article 9 (the “pacifism“ clause) in Japan
The paper aims to explore a role of the concept of “constitutionalism“ in the recent constitutional debates concerning the re‐interpretation and amendment of the Constitution of Japan (particularly Article 9 which has been cherished as a ‘pacifism‘ clause by the Japanese people since itspromulgation) by shedding light on two intertwining elements of constitutionalism: one works...
Accountability in Data-Driven Regulation: A critique of the Joint Punishment Scheme under China‘s Social Credit System
This paper analyses the accountability problems in the deployment of big data in social governance by reviewing a core mechanism of the Social Credit System. The System subjects individuals to “joint punishments“ that would substantially affect their interests across various fields of social lives, if their credit records process the traits determined by state datasets...