The European Union aspires to the primacy of its entire normative production over the entire law of the Member States. On the other hand, Member States remain inflexible about the ultimate superiority of their Constitutions over any other right. The constitutional jurisdictions of States even seem to be coalescing in order to impose their respective...
Tag: <span>MONDAY 25 June 2018 16:45-18:15</span>
Constitutional Identity: Constitutional Amendments or Judicial Interpretation
Constitutional identity denotes in its internal aspect how the constitution expresses its identity based on historical, political and legal developments that took place in the past. In its external aspect, constitutional identity concerns the way in which the constitution aspires to consolidate its supremacy over international and supranational (EU) law. These facets of constitutional identity...
Constitutional Transformation: Hungary
This chapter uses recent developments in Hungary to examine how the equivalent of political revolution can occur through changes that are, taken individually, in compliance in the constitution but collectively amount to wholesale transformation of the constitutional order. It confronts the question of what limits, if any, exist on constitutional revolutions of this type.
Constitutionalization of Transitional Justice and the Constitutional Identity in Korea
Since the establishment of the Constitution of the Republic of Korea in 1948, Korea has sought constitutional democracy in its unique constitutional political context. In such path, the nation experienced two military coup d‘états with ensuing authoritarian regimes, then has incrementally achieved citizen-initiated democratization process. Most conspicuously noted idiosyncrasy in Korea‘s democratization process is the...
Counter-terrorism, IHL and the right to rebel
In my paper, I discuss the overlap of the legal regimes of anti-terrorism law and international humanitarian law (IHL). Increasingly, IHL gives way to anti-terrorism law, affecting the right to oppose an oppressive regime. Since 9/11 counter-terrorism policies have generated a growing body of legal cooperation regimes, at the international and regional level. Increasingly, domestic...
Democratic Backsliding in Israel
Recently Israeli democracy, once considered strong and stable ,is backsliding. I’ll claim that Israel is especially susceptible to democratic backsliding because its constitutional order is a semi-liberal constitutional order. Israel‘s continued occupation of the Occupied Territories, aspects of its treatment of its Arab citizens and aspects of its religion state relations combine to make it...
Democratic basic order as the object of protection of party dissolution procedures in Germany and Korea
Party dissolution procedures are considered as one means to protect the identity of a constitution. In this regard Article 21(2) of the German constitution stipulates that parties shall be unconstitutional, if they by reason of their aims or the behavior of their adherents seek to undermine or abolish the free democratic basic order or to...
Democratic Legitimacy vs. Rule of Law: A Comparative Study of Oath-taking Controversies in Hong Kong and Taiwan
In 2016 some pro-independence advocates in Hong Kong attempted to enter into the Legislative Council to promote their causes. Their political endeavors were thwarted by the legal means sought by the authorities. Six members-elect of the LegCo were disqualified by the courts for invalidly taking the oath. Similar controversies also played out in Taiwan as...
Digitalisation in Hungarian elections
The digital word is effecting the people’s everyday life and also their political life. In the election process, several “e-questions“ arise: getting relevant information (or sometimes disinformation…?), e-voting, e-registration in the electoral roll. In a certain case from a current Hungarian practice in the paper I highlight the relevance of data protection and controll in...