After the first “wave“ of XIX ce. revolutionary constitutions, the second “wave“ of XX ce. national and supranational constitutionalism, we are now entering a new era in which the rising super-power is Technology (“Cybernetic Power“ as the convergence of Digital Technology, Neuro Sciences and economic power). In the paper I’ll try to: a) define the...
Multiple Diversity Governance through Law and Politics
With the violent ethnic conflicts in the Balkans after the end of the Cold War, secessionist movements in Western Europe, and the refugee crisis in 2015, the integration of old and new minorities and stateless nations became a top priority for European contries. However, it is more and more evident that old legal and political...
Abusive Judicial Review
Much recent work has focused on the ways in which liberal democratic constitutionalism can be eroded from within, including by manipulating law and the tools of constitutional change. Courts are often seen as an indispensable protection for a democratic constitutional order, and there are indeed examples of courts guarding against abusive forms of constitutional and...
Bills of Rights With Strings Attached – Protecting Death Penalty, Slavery, Discriminatory Religious Practice and the Past from Judicial Review
Some constitutions use savings clauses to shield from judicial review laws that have been in force prior to their adoption, thus, fostering a unique constitutional dialogue. Countries have used such provisions to shield discriminatory religious and gender practices, the death penalty, and even slavery. This puzzling phenomenon should have spurred discussion, yet there is no...