My paper will look at the current attack on constitutionalism in Israeli through the lens of the discussion on constitutional populism in Europe and elsewhere. It will argue that the Israeli case cannot be analyzed out of the context of the Israeli occupation of the Occupied Palestinian Territory, an undemocratic situation typified by dispossession of...
Tag: <span>TUESDAY JUNE 26 2018 11:00 AM – 12:30 PM</span>
Constitutional Review in Action?: the Current Developments of the NPCSC‘s Record and Review Mechanism
Is China‘s constitutional review in action? It shall be answered from two perspectives: normative and practical. The Chinese Constitution authorized the NPC and NPCSC to supervise constitutional enforcement. However, this supervision did not run routinely. There is no special mechanism of constitutional review in China. It is embedded in the NPCSC‘s mechanism of Record and...
Frozen Trials: Political Victims and Their Quest for Justice
Before Martial Law was lifted in 1987, the Legislative Yuan passed the National Security Act prohibiting civilian cases tried in court martial from appealing to ordinary courts. In 1991, the Constitutional Court affirmed this legislation in its notorious J.Y. Interpretation No. 272, indicating that this was a very exceptional case, since the imposition of martial...
Constructions of Identity and the Carabinieri Force for the Protection of Cultural Heritage
The Carabinieri Force for the Protection of Cultural Heritage, a special unit of the Italian federal police force, combats crimes against cultural heritage within the Italian territory and has an international impact through its activities. As a part of the Italian Ministry of Culture and with its emphasis on the protection of national heritage, the...
Cosmopolitanizing engagement of the South Korean Constitutional Court
Rights practices in South Korea are cosmopolitanizing and have rich implications for the future of Global Constitutionalism, for its further development as a truly global project. Not having a regional human rights system, but with active participation by global-minded rights-holders, the South Korean Constitutional Court serves as a venue where international human rights law interacts...
Distinguishing Freedom of Religion from Religious Non-Discrimination
In this paper, we argue that, while they are often conflated, the right to freedom of religion and the right against religious discrimination are in fact distinct human rights. We identify two facets of religion: religion as viewed from the committed perspective of the adherent and religious group membership as seen from the non-committal/public point...
Do Welfare States Have a ‘Freedom to Fund‘? On Conditional Cash Transfers and Political Speech
Can the state condition financial support for artistic speech upon the content of the speech? In Israel, the government has begun to use its cash transfer mechanisms to either penalize or incentivize political speech in ideologically controversial contexts, and legal controversy ensued. The article locates cash-transfer strategies pertaining to political speech in a broader typology...
Economic Integration, Common Identity and Regional Framework for Migration: The Curious Case of ASEAN
This paper argues that the ASEAN‘s emerging framework for migration is both a result of, and has bolstered the region‘s vision of a common identity based on the idea of a particular kind of State — the investee State — that the ASEAN Economic Community is meant to create. The economic integration project has challenged...
Election Commissions and Democratic Decline
This paper considers the role that election commissions may play in facilitating or resisting democratic decline. Common across cases of decline are attempts by regimes to capture or eliminate independent institutions that have the capacity to check political power. Capture of the judiciary is a well-recognized tool of would-be authoritarians. This paper argues that similar...
EU Anticipatory Border Governance in the Age of Interoperability. A Legal Appraisal of the New ‘Flexiciency’ Paradigm
Within the European Agenda on Security, interoperability has passed from being a management concept to an encompassing policy goal, achieved through integration of sensor networks with IT databases. This move may trigger a huge impact on the economics of border protection, particularly in the context of maritime surveillance. This paper deals with the opportunities and...