The paper explores how human rights protection is overlooked amongst the chaos that has befallen the UK in its complicated process of negotiating an exit from the EU. The protection of these rights has garnered attention, mostly because of the UK‘s past behaviour towards accepting European human rights in its own domestic regime. There has...
Tag: <span>WEDNESDAY JUNE 27 2018 10:45 AM – 12:15 PM</span>
Human Rights, Identity and the Common Good: Revisiting the Right to Development in the Uncertain Context of the Future of Work
Following the 2008 financial crisis, disillusionment with the establishment has grown. Populist politics has increasingly permeated and polarized political discourse, weakening citizenship and reducing the accountability of those in charge. Against this backdrop, the future of work has become increasingly uncertain with the increasing disruption caused by automation, artificial intelligence, and the ‘gig economy‘. The...
Implementing a Right of Secession: Constitutional and International Legal Strategies
Assuming one wanted to support a right of secession – hardly the dominant view in law or politics – what would be the most promising strategy? The most common approach is constitutionalization, as recent secession attempts suggest. But this is only half right. The path leads through many small changes, rather than a single, quixotic...
In the Name of Social Harmony: Ethnic Dominance, Rights Limitations and Pluri-nationalism in South Asia
Several Asian constitutions have provisions allowing States to curtail democratic rights in the name of social harmony. Synthesizing literature on rights restrictions, this paper examines how framing social harmony as a rights restriction links social harmony to security, an accepted limitation on rights, highlighting an antagonization of identity politics and security. Social harmony restrictions empower...
Informed Consent Rule in Suborbital Flights: in the context of the European Convention of Human Rights (ECHR)
Informed consent rule concerning the commercial space activities, especially suborbital flights, was firstly introduced in the US CSLAA 2004. It works on the basis of temporary licensing regime, thus establishing the operators the “duty to warn“ and releasing the operators from liability of accidents due to inherent risks. The informed consent rule also boosted the...
International Law in Domestic Courts in an Era of Populism
This article examines the manner in which the rise of populism affects the use of international law by domestic courts. It argues that populism may have a negative effect on the willingness of domestic courts to refer to international law. It further argues that although such response is understandable, it is regrettable, since incorporation of...
Interpretive Federalism
U.S. federalism interacts with commitments to democratic equality in complex ways. As a matter of current constitutional law and structure, the U.S. Congress is less “representative“ of the national polity as a whole — if representativeness is examined only from a one-person one-vote perspective — than each state legislature is with respect to its state...
Is There a Right to Secession?
A right to secede would entail that secession has a protected status. That is, if there is a right to secede, then it is permissible to secede even if secession is unjustified—in the same way that the right to free speech protects speech that is false, harmful, or otherwise unjustified. It is commonly believed that...
Liberal Constitutionalism and the New Global Populism: A Legal-Philosophical Investigation
In recent years, many legal scholars and political scientists explicitly or implicitly agree that populism is a threat to liberal democratic constitutionalism. Nevertheless, much less clear is the assessment of the source of decay within liberal democratic constitutionalism. This paper will focus on two issues that become the root of crisis within liberal democratic constitutionalism....
Limited “Spheres“ vs. Limited “Capacities“: Judicial Institutional Identity in Emergency and Security Cases
What is the institutional role of judges in deciding emergency and security cases? In this paper I distinguish between two types of claims made by judges about their limited role on such matters. One is a classic separation of powers account that justifies deference to government by demarcating “spheres“ for judicial, executive and legislative supremacy....