The paper aims to explore the connections between rule of law, state capability and development in Latin America. The interaction between these areas faces different problems and solutions than in other western countries. There is a lack of analysis of how the rule of law can effectively improve the state capability and therefore, promote the...
Tag: <span>TUESDAY JUNE 26 2018 9:00 AM – 10:30 AM</span>
Russia v ECtHR: protecting national identity using constitutional brakes
This paper builds heavily on Anchugov and Gladkov prisoner voting case – the Russian Constitutional Court‘s refusal to implement a decision of the European Court of Human Rights (ECtHR) declaring prisoner voting ban contrary to the universal suffrage since the Constitution explicitly prohibited prisoner voting. This case is a result of Russian national measures designed...
Response to the 4 Panellists‘ Critiques
Tom Daly will provide a considered response to all 4 panellists’ critiques, focusing on the key themes, insights and challenges posed by each panellist. Panellists will be encouraged to engage in frank discussion of the demerits and merits, omissions and oversights in the author’s argument in The Alchemists book, as well as the unanswered questions...
Response to The Alchemists book
This response will be based on Dr Sanchez‐Urribarri’s extensive research on comparative constitutional law and politics, and on the conditions that explain judicial empowerment, the politicization of courts and sound judicial reform practices across different political contexts, in Latin American states in particular (including Argentina, Brazil, Venezuela, and Costa Rica), as well as European states...
Silences in constitutions and space for self-determination
The silences that are present in a constitution, most especially, in a constitution that is in competition with political violence, are of equal relevance to the constitutional language and canon. Such silences may be intended to leave space where consensus could not be found, allowing the constitution to be open to future interpretation. They may...
Social rights in times of economic crisis: the role of the courts
Crisis is the word to sum up the present situation in Western constitutional discourse. The co-causality is unconcealed: economic problems are products and producers, at the same time, of constitutional problems experienced. The project of constituent social democracy became the focus of reforms; the prediction of social rights and guarantees came under heavy attack. Other...
Social Rights of Non-Nationals and Constitutional Values in a Diverse Society
In 2017, the Committee on Economic, Social and Cultural Rights recalled that all people, including asylum-seekers and refugees, as well as other migrants, under the jurisdiction of the State concerned should enjoy the Covenant rights. This statement was adopted against the backdrop of large movements of refugees and migrants and many barriers for them to...
Separation of Powers: The Minimal View
In his recent book Political Political Theory, Jeremy Waldron observes that despite the fact that the principle of the separation of powers is widely invoked in political and constitutional debates, it is still unclear what sort of requirements it imposes, and what are the reasons that ground this principle. In my paper I will offer...
Secession in the EU Constitutional Order
The aim of this paper is to trace the position of the EU constitutional order of States with regard to the right of secession of sub-state entities. The thesis of the paper is that although the EU legal order does not recognise a universal and unilateral right of secession to them, its position is more...