Despite ongoing conflicts about the implementation of the GDPR, it represents a landmark piece of legislation that will define the international concept of Privacy for decades to come. The GDRP represents an agreement within Europe that the right to privacy needs greater levels of protection and a common understanding of how elements of this right...
Tag: <span>TUESDAY JUNE 26 2018 4:30 PM – 6:00 PM</span>
Reluctant Reviewers: Judicial Responses to Social and Economic Rights in Indonesia and the Philippines
A. Sen has argued that the law lacks proper purchase on economic and social rights because these rights impose “imperfect“ obligations, involving complex decisions about standards and resources. Courts have tended to agree and traditionally been wary of enforcing these rights. However, courts in some developing countries jettisoned this tradition. The Indian and South African...
Social Rights Adjudication in Time of Economic Crisis and Institutional Interdependence
We are witnessing a deep transformation of our constitutional systems: the uncontestable crisis of the social democratic states goes hand in hand with the affirmation of a new global, supranational, transnational, multilevel constitutional order characterized, on one side, by a growing interdependence among national states and on the other side by the shift of authoritative...
Shadow Legislative Processes: Is Detention of Stateless Persons an Arbitrary Law-making Practice?
ECtHR case law clarified that Article 5(1)(f) authorises lawful detention, contingent on the possibility of effectively removing the alien within a reasonable amount of time. Stateless migrants are not considered as nationals by any state: there is no prospect of removing them. They often have no way of officially being recognised as such, and are...
The Anatomy Of The Dual State in Turkey
Contemporary Turkey is marked by two parallel states and legal systems. One is the constitutional state that is supposed to be western-oriented and democratic, based on the rule of law, and loyal to Turkey‘s commitments to various transnational organizations, such as the CoE and the EU. The other one is a “prerogative state“ that has...
The Analysis on the Innate Popular Tendency of Democracy
Populism is a buzzword in recent western politics, throughout history, populism has exerted many influences on the course of democracy, it thrived and prospered through all the endeavors at expanding the concept of citizenship. Equality and freedom are the most fundamental meanings for democracy, with the development of democracy, the expansion in the implications of...
State Capitalism and Foreign Investors: Towards a New Protectionism in Europe?
Over the past years, many European Countries have taken a significant measures that clearly fall within the traditional area of industrial policies. These include, inter alia, bailouts or the infusion of public capital into banks, support to struggling national enterprises and attempts to invest in research and development plans. Additional mechanisms of public governance of...
State of emergency and rule of law in France
The state of emergency was decreed on November 14, 2015 in France to face the terrorist attacks of this bloody night. It was then extended for two years. Justified by the fight against terrorism, it survived and was used for other purposes. Therefore, one can wonder how the contemporary State structured by the rule of...
Somalia: building a federation in the absence of trust or constitutionalism
In orthodox federal theory success of a federal experiment is predicated on the presence of trust among the federal partners, and, where that fails on occasion, a central Supreme or Constitutional Court which can adjudicate disputes among the partners. Conversely, the absence of these two elements makes the chances of success very slim if not...
Source of Resilience in Hong Kong‘s Politico-Legal Culture: Comparative Perspectives from Macau
This paper presents comparative perspectives from Macau regarding sources of resilience in the Chinese Special Administrative Regions (SARs). It will signal what in my view are commonalities between the two SARs, the main differences as well as the paths of evolution verified on both sides of the Pearl River estuary autonomic territorial entities. Some aspects...