Jeremy Waldron‘s sustained critique of judicial review has provoked a series of responses endeavouring either to defend that institution or to join in the critique with renewed zeal. All of the responses to date accept the methodological premise of Waldron‘s intervention – that judicial review may be defended or critiqued in abstract normative terms once...
Tag: <span>TUESDAY JUNE 26 2018 9:00 AM – 10:30 AM</span>
Inter-legal perspectives on the Public/Private Partnership
In the context of electronic mass surveillance, private actors have gained an intermediate position in-between the state and the individuals, by which they are entitled to negotiate the balance of inter-ests. This prerogative has traditionally belonged to the state, as the only legal body enabled – even through the judicial power – to make a...
Interoperability, Global Security Law and the Politics of Data Formatting
This paper critically examines efforts to make the UN Al-Qaida and ISIL sanctions list interoperable with the Advanced Passenger Information (API) data used by the global aviation industry. The aim of this experiment to control the movements of foreign terrorist fighters. It is part of a panoply of recent UN Security Council (UNSC) measures requiring...
Introduction
Prof King will introduce and moderate the panel along with Prof Levy.
Is there such a thing as ‘populist constitutionalism‘?
The paper deals with recent deviations from the shared values of constitutionalism towards a kind of ‘populist, illiberal constitutionalism‘, particularly in East-Central Europe. The theoretical question that these backslidings raise is whether populism and illiberalism are reconcilable with constitutionalism at all. The paper concentrates on a particular version of populism, which is nationalist and illiberal,...
Jewish Past, Mnemonic Constitutionalism and Politics of Citizenship
This paper utilises three case studies to focus on various modes of the Jewish past in constructing citizenship regimes. The first part will explore how secondary EU law has been appropriating Holocaust and other episodes of Jewish history in shaping the narrative of EU citizenship, fundamental rights, anti-discrimination and the rule of law. The second...
Meet the New Experts: Legitimacy and Accountability Deficits in the Platform Economy
The platform economy disrupted existing paradigms, announcing the end of the experts as we know them.Licenses and permits applicable to professional services are not valued here. For quality control, consumers rely on online ratings and reviews. However, consumers rely particularly on the reviews of ‘frequent reviewers‘ (e.g., Yelp Elite) or the endorsements of the so-called...
Legal pluralism: a means of sustaining liberal constitutionalism within authoritarianism? The case of China and Hong Kong
In this paper, legal pluralism is defined as the existence of conflicting rules within a legal system on an institution‘s legal power, with no other institution possessing the legal power to resolve that conflict. An example of such pluralism is found in the interaction between European law and member state law: the ECJ claims that...
Legitimacy of identity claims in ‘free and democratic elections‘: A rule of law perspective.
Parliaments composition expresses the national identity. The establishment of grounds for access to Parliament is a considerable mechanism for shaping this identity. Traditionally, States enjoyed great latitude in establishing these grounds. Nowadays, while some grounds amount to blatant discriminations and are no longer tolerated in our societies (race, sex and religion), others are considered not...
Legal Conceptualization of Jews in the Territory of Slovakia during the 20th Century
The paper provides an analysis of the legal status of the Jewish community in Slovakia in the first half of the 20th Century. Czechoslovakia was the only European state at that time that provided an option for its citizens to declare Jewish nationality for the purposes of the census. The scrutinizes the legislative conceptualization of...