Israel has a longstanding experience on dealing with security, and the many administrative tools developed in an effort to provide domestic safety. One must bear in mind that such effort may require extraordinary powers, not often used in a democracy. The decisions made will impact the level of infringement on human and civil rights. One...
Tag: <span>TUESDAY JUNE 26 2018 4:30 PM – 6:00 PM</span>
Basic Income and Representative Democracy
The idea of providing an unconditional basic income to every individual, rich or poor, active or inactive, has become one of the most widely debated social security proposals. It is necessary to distinguish between two different concepts of basic income which have gained ground over the last few years. According to the one, a living...
Beyond formalism: problems and prospects of aspirational principles in African federal constitutionalism. Nigeria, Ethiopia and South Africa in comparative perspective
Constitutions are often sources of shared values, as they may contain aspirational principles that guide public and private behaviors and to which citizens aspire. Along with common principles such as democracy or justice, there are other values that are more specific to the history and social context of a country. Some scholar contends that even...
Between an Imagined Affinity, the State and ASEAN: The Sources of Regional Human Rights Norms
The transition to an investee State necessitates reforms in the financial, corporate and public sectors. This paper focuses on reforms in the area of human rights. Using a case study of the Philippines, Malaysia, Indonesia and Singapore, it illustrates that reforms are being shaped by two forces. National courts and human rights institutions are bypassing...
Brexit and Misconceptions of Governance
Brexit has been understood as a triumph of populism and nationalism, in conflict with the ethos of the Union. But Brexit should not be understood as a mere aberration, but instead indicative of exhausted thinking about EU and (transnational) law in general. From the perspective of “pure“ legal theory, Brexit is self-referential. The discussion thereof...
Brexit and the Unsettled Constitution of the United Kingdom
The UK‘s 2016 Referendum on continued EU membership may well become a defining moment in the constitutional law and politics of the UK. Undoubtedly, untangling and re-establishing a relationship with the EU and the wider world will have legal, economic and social effects within the UK, as well as in remaining member states. But Brexit...
Brexit, EU international agreements and the UK
This section examines the external relations implications of the UK‘s withdrawal from the EU. Understanding the impact of Brexit on the EU‘s international agreements and the UK‘s legal status in relation to these agreements, once it leaves the EU, is of particular salience as any final arrangement made with the UK will act as a...
Can federalism help bring peace to South Sudan?
The civil war in South Sudan has claimed the lives of more than 50 000 people and displaced millions. South Sudan formally became independent in 2011, descending into civil war soon thereafter. Debates about the future of South Sudan have always included federalism as a mechanism to foster peace and development. The 2011 Constitution, meant...
Challenging Eminent Domain in the High People‘s Courts: Procedure is the Key!
This paper investigates empirically how Chinese courts adjudicate eminent domain decisions for the first time and proves that even the non-independent Chinese courts can curb local governments‘ eminent domain power to some extent. We hand-coded 586 eminent domain judgements awarded by the High People‘s Courts of China from 2014-2015, which were made available by the...
China As A Champion of An Illiberal Rule of Law
As part of its ‘reform and opening up policy‘ initiated in 1978, the PRC started building a new legal system, modelled to a great extent after Western examples. In 1982, it adopted a new constitution, which has remained mostly the same with some amendments. While alternating between the creation of a true ‘rule of law‘...