The Brazilian Constitution promulgated in 1988 charted a state welfare project aimed at eradicating inequalities based, above all, on the strengthening of the social order and the protection of economic and social rights. It was our first constitutional text to take social economic rights seriously, granting them immediate applicability. However, in social and economic rights...
Tag: <span>TUESDAY JUNE 26 2018 11:00 AM – 12:30 PM</span>
Buddhism‘s Influence on Thailand‘s Constitutional Arrangement
Since 2006, Thailand‘s democracy has been in serious decline. Political power is allocated to a small elite whose control of Thai politics become increasingly pervasive and entrenched. Thailand‘s constitutional design is influenced by two forces; the liberal democratic ideas and the traditional Buddhist values. And the latter is prevailing over more recent developments. Buddhism is...
China‘s Approach to Internet Sovereignty: Maintaining cybersovereignty?
China has long promoted “cybersovereingty“ as an alternative cornerstone to internet law and regulation and is currently engaged in a sweeping new regulatory agenda, ostensibly focused on cybersecurity, but affecting every bit of the digital economy. The presentation analyses China‘s approach to internet sovereignty in light of recent trends and possible tensions between regulatory approaches...
China‘s contemporary dual state and its global implications
After the death of Mao Zedong in 1976, the Chinese Party-State initiated a legal revival that raised many hopes of an eventual transition to rule of law, conceived in terms of a global constitutional model. In recent years, however, the leadership has increasingly rejected the values underpinning rule of law and relied on controlling society...
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: current state of the project and methodological approach
The definition of Common Legal Drafting Rules for the Portuguese-speaking Countries and Regions started with the assembling of a “Lisbon Team“ of scholars and specialists in legal drafting and a team of specialist from all the countries and regions, together with a high profile team of international consultants. The status of the legal drafting rules...
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: identification of the existing situation
This paper is aimed at presenting the status of legislative drafting rules, standards and guidelines in Portuguese speaking countries and regions where more than 250 million people reside. Those standards are set forth in a collection of laws and guidelines which vary in its form, its legal value (hard or soft law) and scope from...
Common Legal Drafting Rules for the Portuguese-speaking countries and regions: possible outcomes
The objective of the Common Legal Drafting Rules for the Portuguese-speaking countries and regions project is clear: the determination of common rules and standards for legal drafting in the Portuguese-speaking legal systems. The idea is to take advantage of the common basis present in all the legal systems with a Lusophone basis to, in an...
Concentration of Wealth and Democracy under the Japanese Constitution
In the 70 years since the war, Japan has been a stable democratic country. It can be said that its success has been based on postwar economic reform. The problem is the relationship between such economic reform and guarantee of property rights. The Supreme Court of Japan has held that such economic reforms are constitutional...
Constitutional Beginnings
A significant strand within constitutional thought treats constitutions as foundational events, marking the point at which a new state and/or constitutional order comes into existence. For Schmitt, a constitution is valid because it derives from the will of a constitution-making power or authority; the word ‘will’ denotes an actually existing power as the origin of...
Constitutional Democracy in Israel
This paper explores the state of constitutional democracy in Israel