When courts are faced with questions regarding the territorial scope and regulatory reach of domestic legislation, they engage with complex political issues. These extend beyond traditional conceptions of state sovereignty and non-intervention on which the functioning of courts is typically based. This paper examines the role of the Court of Justice of the European Union...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
The Rule of Law in China and its Problems
This paper begins with a description and an assessment of China‘s 40 years‘ construction of the rule-of-law. Section I discusses the conceptual framework I use to describe and evaluate China‘s rule-of-law construction, and then offers a brief account of the past 40 years of China from the perspective of the rule of law. Despite the...
“Chief Justices of Constitutional Courts in Democratic Transition: Roles and Models”
The disagreement on the proper role of judges confronting upon issues of political morality goes back to the renowned debate between Herbert Hart and Ronald Dworkin. The generations of constitutional courts, led by ambitious chief justices in many countries, are considered the most important institutional guarantors of transitional justice and constitutionalism on account of their...
Visualizing Privacy? Converting GPS information via Computer Mapping
In this paper, I examine how maps can play – or fail to play – a role in processing spatial information in legal environment. Digital cartography, especially GIS with GPS, has lately been getting more attention among public administrators as an ideal tool for effective governance. With its multiple functionalities, such as digital coding capabilities,...
Understanding Hong Kong‘s Low Grant Rate for Non-Refoulment Protection under the Unified Screening Mechanism (USM)
In response to a 2013 Court of Final Appeal ruling, Hong Kong established a “Unified Screening Mechanism“ (USM) to assess claims by refugees and other migrants seeking protection in Hong Kong. The mechanism considers non-refoulement claims based on (1) risk of persecution; (2) torture; or (3) cruel, inhuman or degrading treatment or punishment. During the...
Undocumented migrants as (non)Others of Europe
This paper engages with legal and political discourses aiming to respond to the increasing presence of undocumented migrants in the European Union. It outlines a thought experiment inspired by the realisation that the contemporary perception and treatment of undocumented migrants as the Other of Europe coincides with the elements shared by most proposals for definition...
The significance of ‘consensus‘
Why if at all should a perceived (emerging) regional consensus on human rights affect states‘ margin of appreciation? The European Court of Human Rights‘ practice in this regard may respond to a shared regional ‘identity‘ and reduce the fear of supranational interference – but it also runs the risk of failing to uphold human rights.
Why Constitution Matters with Transitional Justice: Comparison of Taiwan and South Korea
The paths of constitutional reform and democratization in Taiwan and South Korea paralleled as well as diverged from each other. The difference has a huge impact upon their policies and legal strategy toward transitional justice. Constitution in post-authoritarian Taiwan failed to form a new political identity against past atrocity. Even though the Constitutional Court has...