Gender Equality is a principle enshrined in China‘s constitution, but to what extent is it implemented in divorce cases? This paper explores this question from three aspects of divorce law practice in Chinese courts: whether a divorce is granted, who gets the custody, and how the matrimonial property is divided. It argues in many ways...
Tag: <span>TUESDAY JUNE 26 2018 4:30 PM – 6:00 PM</span>
High Courts and Autocratic Consolidation: The Venezuelan Supreme Court under Nicolás Maduro‘s Rule
This article discusses the role of high courts in a consolidating autocracy. The use of high courts to entrench authoritarian rule depends on a series of non-exclusive conditions related to the court system, regime features and political context. A supportive judiciary can help the government compile information on a range of actors and provide a...
How Many Times Has the Korean Constitution Been Amended?: Reflections on Constitutional Identity and the Construction of Time
Promulgated 1987, South Korea‘s current constitution states in its preamble that this is the ninth revision of the first constitution adopted in 1948. Its immediate predecessor constitution of 1980, however, proclaims that the constitution had been changed three times before. What explains this discrepancy? Drafters of the two constitutions evidently had different ideas as to...
Incorporation and endorsement: the EU, transnational networks, and private financial standards
Transnational regulatory networks (such as the Basel Committee, the Financial Stability Board (FSB) and the Iosco) and private actors (such as the International Accounting Standards Board (IASB)) have long been setting global financial standards, lacking formal binding force, but often perceived as having a hard impact. The implementation of financial standards coming from transnational networks...
Institutionalist Approaches to the Study of Constitutional Law
A fair case can be made that the vast majority of research in public law takes an institutional approach and that most public law scholars are institutionalists. With the exception of judicial biography, research in public law is almost always about whether some legal or institution matters. We study the influence of different ways of...
Invoking Fundamental Rights to Hold Companies Accountable: The Indian Experience
This paper will explore the extent to which fundamental rights (FRs) provisions in Part III of the Indian Constitution could be directly invoked against companies to hold them accountable for human rights abuses. I will examine two issues related to this question: the extent of horizontal application of FRs, and the relevance of corporate law...
Judging in Europe: Do Legal Traditions Matter
EU competition appeals typically involve applications by private businesses to annul decisions made by the European Commission. Moreover, these appeals are first assigned at random to a chamber, with a judge then designated as the rapporteur who will be most closely involved with the case. Using hand-collected original data on the background characteristics of EU...
Maintaining Institutional Strength: the Court and the Rule of Law
A perennial problem in the “One Country, Two Systems“ model is the demarcation between “one country“ and “two systems“. Balancing security with liberty is particularly challenging in HK when security is approached from a national legal-political system that does not share HK‘s values on the rule of law, judicial independence, the court‘s role, and the...
Megapolitical Cases and the Constitutional Court of Indonesia: An Empirical Analysis (2003-2017)
Indonesia’s Constitutional Court is considered as one of Asia’s most activist courts. In this paper we investigate empirically the determinants of judicial behaviour at the Constitutional Court of Indonesia in the period 2003-2017. The paper draws on a unique data set of 80 high profile political cases complemented by data on the socio-biographic profiles of...