Public Law (as any other field of law) tries to achieve certain goals by certain orders (norms). Norms, thus, have an important role to play in regulating und limiting state activities especially in democratic states with a rule of law. Obligations arising from these norms are expressed in fundamental rights as well as in the...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
Challenges to the rule of law in a semi-authoritarian Hong Kong
Hong Kong has been recognized for its well established rule of law. After the Umbrella Movement in 2014, the Chinese Communist regime adjusted its strategy towards Hong Kong and closed the road to democracy. With the end of the era of semi-democracy, the governing system in Hong Kong is now going in an authoritarian direction....
Changing Ideas of Representation: Representative Democracy, and the Rule of Law in Singapore
This paper examines recent pronouncements, both in and outside of courts, concerning the nature of representative democracy and how it relates to the rule of law in Singapore. Given that conceptions of the rule of law are theorized to require the incorporation of democracy into the legal system, this article examines the implications of recent...
Civil Liberty and the Use of Surveillance Materials in Counter-Terrorism Law Enforcement — A Constitutional Reappraisal
The balances between liberty and the response to terrorism were struck in the first flush of emergency. This is especially the case when governments employ surveillance materials in counter-terrorism law enforcement. On one hand, it is imperative for the domestic law enforcement officers to maintain order with the widespread use of surveillance materials. One the...
Constitutional Backsliding: Colombia
Recent scholarship has highlighted the theoretical possibility and examples of the tools of constitutional change being used “abusively,“ in order to erode the democratic order. This chapter will explore the experience of constitutional backsliding in Colombia, and the response to those efforts by the Colombian Constitutional Court and other political actors. The chapter will explain...
Constitutional Capture and “Illiberal Democracy“: The Case of Poland
In my paper I intend to use the Polish case study to reflect upon the relationship between populism and democracy. A widespread view that populism is a democratic response to liberal excesses will be the main target of my criticism. I will argue that, at least as far as constitutional capture in Poland is concerned,...
Constitutional identities and the institutionalization of transnational judicial networks
In Asia, it can be observed that efforts are underway to institutionalize networks between judiciaries, including constitutional courts. As international dialogue and research is beginning to be institutionalized among networks of these “guardians of national constitutions“, how does this affect the identities of such associations and their members? This is especially an intriguing and also...
Constitutional identity and “procedural sameness“
The “procedural sameness“ of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South,...
Constitutional Identity as a Tool to Analyse Constitutional Change
This paper presents the understanding of the constitutional identity in the jurisprudence of the Polish Constitutional Court, with regard to European integration. The Court defines constitutional identity as a sum of certain legal principles of the Constitution of 1997. It seems more adequate to understand identity as allowing changes, including amendments of the core provisions...
Constitutional identity in the European Union
In the supranational legal order of the European Union it is of growing importance to keep intact the member States “constitutional identities“. This is clearly expressed, as a basic principle, by article 4 EU Treaty. The European Union as a community of States needs to respect the identities of its members. The concept of a...