Where neurosciences, developing unremittingly over time, interweave with law and, in particular, with end-of-life decisions matter, severe and sensitive implications become evident. Lawyers and lawmakers cannot remain unaffected by these implications. Accordingly, a complex entanglement between science/technique, law and politics must take place. Was this alliance considered in the case of the recent Italian law...
Tag: <span>TUESDAY JUNE 26 2018 9:00 AM – 10:30 AM</span>
Professional Judgment in an Era of Artificial Intelligence and Machine Learning
There are two fundamental features of the information processing behind most efforts to substitute artificial intelligence, machine learning, and robotics for professionals in health and education: reductionism and functionalism. True professional judgment is at odds with the mindset of substitutive automation. Instead of reductionism, an encompassing holism is a hallmark of professional practice — an...
Protest, Law, and Regime Type
Different regimes face distinct political challenges and develop unique measures to manage political crises. Mainland China, Hong Kong and Taiwan have different political systems: China is an authoritarian one party state practicing “democratic dictatorship“; Taiwan is a democracy that entrenches human rights protection and the separation of powers; Hong Kong, as an SAR of China,...
Populism and losing constitutional democracy
Populism is now a major global force, challenging our vision of constitutionalism but not upending it completely. By reasserting the importance of a political community, populism in our era provides an important corrective to globalism. Drawing on a forthcoming book with Aziz Huq, this paper argues that populism can fit in the framework of liberal...
Populism and social welfare constitutionalism
There seem to be left-wing and right-wing versions of populism. Most academic writing has focused on the right-wing versions. Both right-wing and left-wing populist movements are antiliberal and anticosmopolitan, with right-wing movements more comprehensive in their anticosmopolitanism than some left-wing movements. Right-wing populism is a movement of democracy against all versions of liberalism considered as...
Populism and legal fundamentalism
In this paper, I argue that the contemporary conservative, populist engagement with the law in a number of East-Central European societies is – at least in part – a reaction to what is portrayed as legal fundamentalism or an excessive juridification of society. Populism is to an important extent driven by the opposite idea, that...
Regulation without Law? Perspectives from China on International Regulations Governing Infringement Disputes
By analyzing Wechat platform‘s and its users‘ behaviors, this paper assesses the effectiveness of internet governance, especially the informal forms of regulations, and the influence of such behaviors on the practice of different stakeholders involved. This research might be of help to standardize informal social regulations in China‘s IT industry, and build an orderly and...
Re-Designing the European Citizens‘ Initiative: Revolution or More of the Same?
Since its inception, the European Citizens‘ Initiative (ECI) has been promoted as a way to strengthen citizens‘ participation in EU decision-making. The legal framework of the ECI, however, has received severe criticism for not allowing the mechanism to reach its full participatory potential. After a period of review, the Commission recently published a Proposal to...
Quality Control and Management in Legislation
It is not enough to claim the quality of legislation. It has to be realized as well. The question is whether the general assumptions of quality management systems can, if at all and to what extent, be adopted to introduce and ensure a quality management of the legislative process. In this paper, a possible theoretical...
Receive it to believe it? Administrative information-sharing under European constitutional law
In almost every conceivable sector of Europe’s composite administration, information is gathered and passed on between different national authorities amongst themselves, or between national and EU ad-ministration. This is particularly true of Europe’s Area of Freedom, Security and Justice, and of the interoperable information systems that it has put in place. The EU constitutional framing...