This paper will examine the long and ongoing development of what has become a worldwide war by conservative religious actors on the use of the English word “gender“ and on the embodiment in law of rights claims it is thought to encapsulize, including feminist, LGBT, and reproductive rights claims. It will highlight the central but...
Tag: <span>WEDNESDAY JUNE 27 2018 10:45 AM – 12:15 PM</span>
Transnational Surrogacy: When the Domestic Law is Not Enough
Abstract Transnational reproductive practices produce an increasing number of cases where legal controversies occur in the domestic recognition of family ties. This paper elaborates on these controversies and argues for the need to formulate international norms. The author will examine particularly the key ethical and legal issues that shape the contours of the future normative...
The waiver of human rights as a new constitutional paradigm
Based on jurisprudence from the Supreme Court of Canada and the ECHR, this paper aims to demonstrate that the waiver of human rights is no longer exceptional, but rather a new constitutional paradigm. The rise of the waiver paradigm could be explained by the current struggle for recognition of pluralism, the constitutional principle of autonomy...
The Tripartite Implications of Brexit: Framing Law, Regulation & Justice
This paper considers the implications of Brexit as an interplay of law, regulation and justice, using a tripartite conceptualisation. First, as an EU Member State, the UK has been involved in EU law-making as EU ‘rule-maker‘. However, within this first conceptualisation, in many instances, existing EU rules entrenched into domestic law will continue to apply,...
The Struggles of Majoritarian Democracy: An Incipient Latin American Trend Towards the Development of Dialogic Democracy
The present paper presents the struggles faced by contemporary societies in regard to Majoritarian Democracy — struggles which appear alongside the growing crisis of Representative Democracy. Latin America, tainted by the historical exclusion of social identity groups, is, therefore, the perfect stage to study such issues. Dissatisfaction in terms of social justice and political inclusion...
The Systemic Approach to Human Rights
In contrast to the more traditional, liberal approach to human rights, epitomized by the work of the European Human Rights System, a more systemic approach has evolved within the Inter-American and African regional systems. This paper highlights the manner in which that approach has evolved through those systems‘ encounters with massive violations, transitional moments, and...
Abusive Judicial Review
Much recent work has focused on the ways in which liberal democratic constitutionalism can be eroded from within, including by manipulating law and the tools of constitutional change. Courts are often seen as an indispensable protection for a democratic constitutional order, and there are indeed examples of courts guarding against abusive forms of constitutional and...
Who Will Protect Social Rights in Times of Economic Crisis? Exploring the Legal Parameters of Judicial Intervention in Brazilian Public Policies
Are the courts able to defend social rights against the will of the majority powers in times of economic crisis? The legal literature affirms the role of the Judiciary as the guardian of the Constitution and consequently, guarantor of these rights against Government‘s choices. In contrast, empirical studies show that, in analyzing the preferences of...