Tag: <span>TUESDAY JUNE 26 2018 11:00 AM – 12:30 PM</span>
Poland v EU. Understanding what‘s happened, rediscovering European “first principles“ and thinking counter – strategies
The history might have stopped for Polish Constitutional Court in 2015-2016. After 30 years of building an impressive resume as one of the most influential and successful European constitutional courts and living proof of “the rule of law in action“, the Court has fallen under the relentless attack of the rightwing populist government and succumbed...
Privates involvement in law enforcement activities: a preliminary assessment of the emerging role of Internet Services Providers under EU law
The image of Internet as a tool providing easier, maybe even more democratic, access to the freedom of expression has by now proved to be too idyllic. Indeed, Internet has also shown is face as a vehicle, if not a catalyst, of conducts that impinge on individuals‘ rights no less seriously than off-line conducts. Online...
Protecting women from violence: a European comparative analysis from domestic norms to the Istanbul Convention
In the European context, constitutional and legislative provisions as well as international conventions prohibits violence against women. Notably, in 2014 the Council of Europe (CoE) so-called Istanbul Convention entered into force, providing for a wide range of measures against specific crimes (such as female genital mutilation, forced marriage, stalking, forced abortion, and forced sterilization) and...
Protection of Fallen Heroes and Freedom of Expression: A Comparative Study of Mainland China and the United States
In December 2017, mainland China came up with a draft law providing comprehensive protection for national heroes and martyrs. The draft law prohibits twisting, vilifying, and negating the deeds and spirit of national heroes and martyrs. Acts infringing their names, images, reputation or honor can also give rise to civil liability, and be subject to...
Populisms, Elitism and the Threat to Liberal Constitutional Democracy in Brazil
Brazil is a useful case-study in the use, and limits, of the term ‘populism’, and the different ways in which the ‘p’ word is said to influence or threaten liberal democratic constitutionalism. Over a decade of what was often termed left-wing populist governance, under Presidents Lula and Dilma, is viewed in some quarters as having...
Populist Challenges to Liberal Constitutionalism: A Case of Poland
In this contribution to the panel, I will describe the specific characteristics of Polish populist dismantling of constitutional checks and balances typical of liberal constitutionalism: the cumulative and comprehensive nature of assaults upon checks and balances and upon political rights; the factor of emulation (mainly, of the Hungarian example); statutory “amendments“ of the Constitution; the...
Politics behind the vail of law: how fundamental rights discourse can hide excesses in judicial review. An empirical study from Brazil.
In the aftermath of the military dictatorship, the constituents for the Brazilian Constitution had the mission of compensating its citizens for the excesses of power endured. Thus, the current charter promises to uphold every fundamental right, from health to recreation. And guarantees it giving individuals ample access to courts via judicial review. Brazil has adopted...
Reconceptualising prerogative powers after Miller
In the third paper, Gavin Phillipson will address some key questions raised but not resolved by the decisions in Miller and Bancoult (which concerned the exile of the Chagos Islanders). He will argue that, contrary to the traditional ‘residual‘ view, the prerogative is best seen today as a bundle of discrete powers, that this view...
Re-constituting Global Cyber-Law
At least since the early 1990s there has been a spirited ‘cyberlaw‘ debate, which led to important insights about governance, regulation, and law in the digital era. But existing cyberlaw scholarship neglects, somewhat curiously, the Internet‘s inherently global aspiration and the corresponding need to develop legal mechanisms to keep key institutions of global internet governance...