Brazil, in the last 30 years, has already gone through the impeachment of two presidents (Collor in 1992 and Dilma in 2015). Before and during the impeachment process of President Dilma, the discussion on judicial guarantees and respect for due process were referred to the Federal Supreme Court at ADPF 347, which sought to analyze...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Judicial Independence in Hong Kong from a Hybrid Regime Perspective
Studies on judicial politics in democracies have found that electoral competition is an important factor contributing to de facto judicial independence. There has been, however, limited research on the relationship between electoral politics and judicial independence in non-democracies, mainly because it is assumed that elections in non-democracies are shams. The literature has largely overlooked the...
POLITICAL RIGHTS AND MIGRATION POLICIES: “Right to vote, and right to be voted“
This paper aims to contribute on debates about the legal regime of political rights in migration policies. The Brazilian constitutional system establishes that nationals from other countries have the right to vote and are eligible for the majority of office positions only if attended some criteria. Two of these criteria are: a) that foreigners be...
Political Insurance for the Poor: Liberal Constitutionalism and Extreme Inequality
Constitutional directives—normative directives addressed to the state found in several constitutions—range from obliging the state to reduce material inequality, secure universal access to education, promote indigenous culture, protect the environment, and so on. On a conservative count, at least 31 constitutions around the world feature ‘directive principles‘ (identified as such). Counts based on the structural...
Overlapping Oversight and Arrested Accountability: Coordination among Adversaries through Judicial Reviews of Administrative Police Oversight
The simultaneous existence of judicial and non-judicial, internal and external, as well as preventative and reactive mechanisms is a common reality in today‘s police oversight. Conducting a sociolegal analysis of judicial reviews of the Ontario police complaints system, I explain why the staggering degree of public dissatisfaction and perception of police impunity persist despite constant...
Non Conviction Based Confiscation Against Corruption and Human Rights: the European Public Law Perspective
According to the Italian Law 161/2017 (amending Legislative Decree 159/2011, s.c. Anti-Mafia Code), non-conviction based confiscation measures, i.e., measures that allow for confiscation in the absence of a prior criminal conviction of an individual, can now be applied also to recover assets of people charged with conspiracy to commit various crimes against the public administration...
On the Legal Implications of a ‘Permanent‘ Constituent Power
A number of Mexican constitutional scholars have insisted, since the early 20th century, in the ephemeral nature of the original constituent power. However, they also maintain that once the original constituent power is exhausted, a permanent constituent power emerges. According to them, in the Constitution of 1917, that permanent constituent power is located in a...
New Dynamics in Judiciary-Executive Friction: Evidence from National Media Coverage in Bangladesh and Turkey
Instances of friction between the judiciary and the executive have become fairly common in modern politics. Although episodes of disagreement between the two branches are well documented in established democracies, little is known about informal judiciary-executive exchanges in competitive authoritarian contexts. In this paper, we examine recent episodes of judiciary-executive friction in Turkey and Bangladesh,...
New Forms of Normative Relationing in a Pluralist Legal Order: Interface Interactions in the Area of Corporate Social Responsibility
International law is confronted with an unprecedented density of normative frameworks of differing degrees of normativity (hard law, soft law) – across governance levels (international, regional, national, transnational) and around a multiplicity of topics (environment, trade, human rights). This paper addresses the overarching question of how different bodies of norms relate to each other by...
No vote= no voice? Political Rights of ‘Aliens‘ under the ECHR
Democracy is premised on the existence of a polity with members by whom (and for whom?) democratic discourse takes place. Hence, the ECtHR’s determination that democracy is the only ECHR-compatible system of governance does not in and of itself resolve the tension between, OTOH, limitations of participation in democratic self-governance, and, OTOH, demands of (universal)...