The Canadian constitutional text speaks to Canada‘s Indigenous populations in different places including in the federal power provisions of the Constitution Act, 1867, in the Canadian Charter of Rights and Freedoms and the Aboriginal Rights section of the Constitution Act, 1982. Each of these is under-inclusive. This paper draws on collaborative research and policy development...
The Contribution of the International Economic Constitution to Authoritarian Liberalism
This paper explores the responsibility of the current international economic constitution for the authoritarian liberalist backlash against free markets and the emergence of nationalist, protectionist policies. While the authoritarian liberalist claim of unfair trade practices collapses at closer scrutiny, the structure of the international economic constitution makes societies vulnerable to such claims. Drawing on Polanyi‘s...
The Common Law‘s Challenge: Employment Law & Brexit
‘Global Britain‘ carries ominous or optimistic tones when considering UK employment law and policy after ‘leaving‘ the EU. This presentation assesses the role of the common law in a ‘Global Britain‘ (using the works of Bogg, Cabrelli, Collins and Countouris). Attention will be given to the country‘s history of labour relations (such as the critical...
The concept of democracy in the jurisprudence of the European Court of Human Rights (ECHR)
This research examines the concept of democracy in the jurisprudence of the European Court of Human Rights (ECHR). Reasoning from the case law related to national security – one of those exceptions – we highlighted three main ideas developed by the Court. Those are the concepts of rule of law, lawfulness, pluralism and broadmindedness. We...
The party‘s over
In the new political world in which left and right are no longer the meaningful anchor points they once were, cosmopolitans have a completely different set of political interests than the localists. From trade and immigration to universal values and tolerance of difference, cosmopolitans throw open the boundaries of cozy and closed groups while localists...
The Passenger Name Record (PNR) ‘dilemma‘ within and beyond European Union’s borders: balancing security concerns and the protection of fundamental human rights
Whilst the collection of PNR data is increasingly perceived by States as a vital risk assessment tool against security threats, the delivery, on 26 July 2017, of the CJEU‘s negative Opinion on the new envisaged EU-Canada PNR agreement – where the Court found that several provisions of the said draft agreement did not comply with...
The judicial decision making protocol: the case of the French Conseil constitutionnel
This contribution explores the professional and social relationships that takes place within the Supremes Courts. It proposes to take the French Conseil constitutionnel as an example. Classical literature on legal reasoning, especially in France, tries to explain decisions by referring to rational choice theory (economic analysis of law for instance). In contrast, I focus on...
The Right to Life and Human Dignity in Asia
This chapter surveys the right to life as a constitutional right in Japan, South Korea, Taiwan, Hong Kong, the Philippines, Indonesia, Malaysia, and Singapore. I begin with a recount of the history of the right to life. I argue that the right to life before WWII is typically formulated in the “due process model“, such...
Western Values and Liberty of Religion. A matter of dual loyalty?
A recent decision by the Italian Supreme Court (C. of Cassation, I, n. 24084/2017) has sparked a new strand of discussion on the relationship between liberty of religion, security, democracy, and cultural integration. The Court held an Indian national liable for criminal offence for carrying in his belt a Kirpan, the sacred cutter of Sikhism....
Trans Formations in the Worldwide War on “Gender“ Ideology
This paper will examine the long and ongoing development of what has become a worldwide war by conservative religious actors on the use of the English word “gender“ and on the embodiment in law of rights claims it is thought to encapsulize, including feminist, LGBT, and reproductive rights claims. It will highlight the central but...