The binary distinction between “Normativism“ and “Anti-Normativism“ may fall short of serving as a stable foundation upon which the character of constitutional law is to be assessed. While an appealing heuristic , it often oversimplifies rather complex discussions underlying the question as to the specific properties of rules and ruleness, of power and authority on...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
The Changing Case for Personal Tax Liability in Japan
Tax liability of Japan‘s income tax has been based both on a taxpayer‘s residence and on the source of income. A resident in Japan is liable to the tax on his worldwide income. In our local income tax, the tax liability is exclusively based on one‘s residence. However, residence-based taxation has been under attack lately....
The Concept of Citizenship as Means of Constitutional identity: Turkish case
Modern societies are characterised by ethnic, religious, linguistic and also ideological pluralism. Constitutional identity is an important tool to bind a society divided by various aspects. The concept of citizenship is a legal status and it refers to identification as a member of society. Hence, citizenship is inherently linked to the constitutional identity. The Turkish...
The Bangladesh International Crimes Tribunal, Shahbag protests and political violence: a rather peculiar penal popularism, political vendetta or defence of national identity and democracy?
Since 2010 the Awarmi League Government has instituted War crimes Trials of alleged colloborators in the 1971 ‘War of Liberation‘ that provided the constitutional moment and founding narrative of Blangadeshi national identity. Massive street protests broke out in February 2013 – the Shahbag movement – when Adbul Quarder Mollah was sentenced to life imprisonment demanding...
The popular politics of punitiveness: security, identity, and changing societies
The rise of populism has become a central feature of contemporary political and penal practices. What are the common (or country-specific) causes of these seemingly isolated strains of penal populism and how do they take shape in different social milieu? This paper addresses these salient questions. Its objectives are two-fold. First, it develops a typology...
The Political and Legal Challenge of Worker-Recuperated Enterprises: An Alternative Experience of the Political in Constitutionalism
Since 2001 the worker recuperated enterprises (ERTs) of Argentina have challenged the function, organisation, and normative basis of politics, law, and economics. This is a movement that frames its actions as a political struggle, and in so far as their conception of work rejects the structuring of work in response to market determinations, the ERT...
The Paradox of Intersectionality in Europe
The theory of intersectional discrimination arose to highlight the legal subjectivity of black women through centralisation of the specific discrimination they endured at work and elsewhere. Although designed to give political voice to this group of workers who were eclipsed in discrimination law, the breadth of the intersectional vision was not limited to these women....
The nation, delegation and constitutional change in Poland
The democratic constitution should be the embodiment of the sovereignty of the nation. In such a constitution the nation autonomously establishes the tenets and rules of its functioning. The concept of the nation forming the basis of the constitution affects its shape and determines its interpretation. Having analysed the canonical works considering philosophy and theory...
The Multiple Layers of Romaphobia: Intersectional vs. Constructivist Readings of Discrimination
‘Reasonable anti-Gypsyism‘ in the EU rests in practices and measures designed to conceal discriminatory intent. Political discourse portrays the Roma as a threat to public security and welfare, and ultimately to EU integration. Anti-Gypsyism can be conceptualized as intersectional discrimination against Roma subgroups based on a combination of grounds, such as race or ethnicity, nationality,...
The Limits of Normative Constitutionalism
Global constitutionalism is one of the outstanding accomplishments of normative constitutional theory. The most successful instantiations of normative constitutional theories of global constitutionalism have taken up perspectives that seemed potentially incompatible: legal pluralism and the sociology of constitutions. The normative case for global constitutionalism as the arguments given in support of global constitutionalism are very...