“Private identity“, “flexicurity“, “representative democracy“, are but three concept that have recently been qualified as oxymora or paradoxes, ie “figures of speech in which apparently contradictory terms appear in conjunction“. The occurrence of legal oxymora is not new as there are hundreds of mentions by judges in case law across the United States alone. In...
The Adaptation and Development of China Emission Trading System: Legal Transplants as a Bridge
China is constructing the biggest Emission Trading System, which is transplanted from the international climate change law. The paper traces the history on the construction of the ETS through the Kyoto protocol which set up the legal framework of international climate change law, analyzing the phenomenon of legal transplants during this history. Meanwhile, the paper...
The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia
This presentation explores the challenges of digital constitutionalism in practice through a case study examining how concepts of privacy and security have been framed and contested in Australian cyber security and telecommunications policy-making over the last decade. We seek to understand if, and how, principles of digital constitutionalism have been incorporated at the national level....
Walking with ‘the Quran in one hand and the Constitution in the other‘: The Islamic Women‘s Movement in India and Landscapes of Adjudication
This paper charts the landscapes of adjudication by the Indian Supreme Court by closely interrogating primarily two cases, Shah Bano v Union of India and Shayara Bano v Union of India to understand if religion and constitutionalism can speak to each other and if they are constitutive of each other. Recent studies have indicated the...
What is hate, and what is a hate crime? Targeted hostility, the criminal law and the principle of certainty
Using Irish case law a starting point, the paper argues the principle of certainty is relevant in the context of hate crime in three key ways. First, in the context of the legislative definition of protected characteristics (i.e. does reference to “race“ in a statutory provision, for example, include bias articulated against the national origin...
The Study on Indigenous People’s Right to Participate or Consent
This paper is going to discuss institutional design issues regarding indigenous people‘s right to participate or consent, including the nature and scope of this right, and the relationship among various kinds of participation. In addition to clarify the nature of indigenous people‘s right to participation or consent through study on international legal documents, this project...