The Spanish Constitutional Court has been confronted by a secessionist movement posed by Institutions of the Autonomous Region of Catalonia. Through rulings as Decision n. 114/2017, of 17 October [Action of unconstitutionality against the Law of the Catalonian Parliament ‘On Self-determination Referendum‘]; Decision n. 120/2017, of 31 October [Action against the Resolution on nominating members...
Tag: <span>WEDNESDAY JUNE 27 2018 10:45 AM – 12:15 PM</span>
Temptations of Executive Power: Repromulgation of Ordinances in India
This paper tells the story of an iconic decision in India: DC Wadhwa v State of Bihar. The Indian Constitution authorizes the executive to enact temporary legislation provided certain conditions are met. Can the executive repeatedly promulgate the same ordinance? In Wadhwa the court said no: Repromulgation negates the system of separated powers, and renders...
The Ethics of Judicial Profession in Brazil: Governing Adjudication Through Human Rights
This paper aims to present a project that address the significant gap between judicial practices and legal scholarship in Brazil and to foster closer engagement of Brazilian federal judges with scholars. The project will advance research, policy and practice in three main areas: a) mapping of judicial rulings that rely on arguments clearly disconnected with...
The European Parliament‘s affair with the #MeToo movement
In October, 2017, the European Parliament (EP) adopted a resolution on combating sexual harassment and abuse in the EU. This document includes, among others, a statement that the EP “welcomes initiatives such as the #MeToo movement that aim to report cases of sexual harassment and violence against women“. The paper aims to consider the following...
The Democratic Resilience of the Canadian Constitution
We advance three categories of institutional explanations for the resilience of Canadian constitutional democracy. First, we show that Canada‘s choice to chart its own unique course in the debate pitting presidentialism and parliamentarism has borne the fruits of democracy. Second, we demonstrate that Canada‘s robust “democracy branch“ has been both a source and driver of...
The concept of democracy in the jurisprudence of the European Court of Human Rights (ECHR)
This research examines the concept of democracy in the jurisprudence of the European Court of Human Rights (ECHR). Reasoning from the case law related to national security – one of those exceptions – we highlighted three main ideas developed by the Court. Those are the concepts of rule of law, lawfulness, pluralism and broadmindedness. We...
The Common Law‘s Challenge: Employment Law & Brexit
‘Global Britain‘ carries ominous or optimistic tones when considering UK employment law and policy after ‘leaving‘ the EU. This presentation assesses the role of the common law in a ‘Global Britain‘ (using the works of Bogg, Cabrelli, Collins and Countouris). Attention will be given to the country‘s history of labour relations (such as the critical...
The Party and the Law: China‘s Legalization of Party Punishment
The most significant legal innovation that Xi Jinping plans to institute to expand his anti-corruption campaign is the anticipated creation of a National Supervisory Commission in March 2018. This institution will require the adoption of new legislation and Constitutional revisions. In effect it will consolidate the control of the Chinese Communist Party’s discipline inspection over...
The nexus between ‘energy security‘‘ and ‘ecological security‘: the case for an integrated policy framework for effective mitigation and adaptation to climate change
Both ‘energy security‘ and ‘ecological security‘ are fundamental notions that highlight the need for States to cooperate towards adoption of effective transnational measures to address the challenges of environmental protection and natural resource scarcity. This paper argues that policy responses to climate change should aim to redefine the notions of energy and ecological security by...
The lack of political will to institute post-TRC prosecutions in South Africa: A threat to democracy and challenge for public law?
In the late 1980s and early 1990s, South Africa started a journey towards a negotiated settlement of its political crisis, and it was against the historical background of the crimes committed by both sides of the struggle in the apartheid-era that the National Party and the African National Congress reached an agreement on how to...