This article provides a comparative analysis of the constitutional constraints on Canadian government decisions to use military force, and makes theoretical and normative arguments for change. It examines how, in contrast to a trend among constitutional democracies, the executive power in Canada has particularly unfettered discretion to engage in armed conflict under the Royal Prerogative....
Tag: <span>WEDNESDAY JUNE 27 2018 10:45 AM – 12:15 PM</span>
The role of constitutional courts in examinating presidentual appintments.
The theme is so old that started the judicial review in USA. Some contries are facing a constitutional political dilema: how to adress actions to avoid some political appointment, moreover in main public servitors. It is not only a matter of law, when public option is driven in different way than the presidential nomination. Recently,...
The Right to Violate Victims‘ Rights – A Constitutional Review
Can criminal justice system‘s officials freely violate crime victims‘ rights, despite the alleged recent ‘victims‘ revolution‘? The constitutional value of provisions protecting officials from criminal or civil ramifications of their failures, limiting civil and criminal accountability and impact, is analyzed in this article. It exists, for example, under US federal law and in Israel, and...
The risks of “securitization“ of climate change
Focusing on the legal tools against climate change, there are instruments that may be used when a sudden and unpredictable event happens. They are commonly known as emergency measures. There are some cases in which the emergency measures are effectively the only instruments able to face an urgent event, but there is an actual risk...
The Right of Secession in International Law Reconsidered
The paper seeks to critically review the right of secession in international law. In several states around the world, various ethnic-nationalities and peoples often demand the right to determine their common political destinies. But these demands are frequently denied or crushed by states in defence of the traditional principle of territorial sovereignty. Given these contrasting...
The relationship between rules and technologies in a modern healthcare system
Scientific progress in health care, increasingly fuelled by new technologies in recent years, constantly poses questions whose answers are not easy to identify. While laws try to codify new phenomena related to technological development the rule of law and the consequences of technology are not always in step. This work aims to highlight discrepancies between...
What role for constitutional courts in protecting democracy?
Recent scholarship has exhibited great faith in the ability of constitutional courts to protect democracy in fragile regimes, while of late a more skeptical position has emerged to challenge this near-orthodoxy. In this paper, I take a more equivocal and contextual approach to the issue, by considering some of the costs and benefits of a...
We the People: These United Divided States
Focusing on U.S. federalism debates in the context of climate change and sanctuary jurisdictions, this paper argues that the federal government‘s approach to these inherent transnational concerns represents classic political market failures. Extending John Hart Ely‘s notion of addressing such failures – from Democracy and Distrust – the paper examines a dynamic overlooked by both...
Western Values and Liberty of Religion. A matter of dual loyalty?
A recent decision by the Italian Supreme Court (C. of Cassation, I, n. 24084/2017) has sparked a new strand of discussion on the relationship between liberty of religion, security, democracy, and cultural integration. The Court held an Indian national liable for criminal offence for carrying in his belt a Kirpan, the sacred cutter of Sikhism....
Unconstitutional Constitutional Amendments and Constitutional Replacements
The tension between “eternity“ clauses and the possibility of constitutional replacement has been noted but not adequately explored. Constitutional theory must leave room for replacing a constitution with an eternity clause protecting some specific matter such as federalism or secularism with one modifying federalism or secularism, but then the sense in which the existing constitution...