With the violent ethnic conflicts in the Balkans after the end of the Cold War, secessionist movements in Western Europe, and the refugee crisis in 2015, the integration of old and new minorities and stateless nations became a top priority for European contries. However, it is more and more evident that old legal and political...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
PRIOR RESTRAINT IN THE DIGITAL AGE
Since the 1930s one of the fundamental First Amendment doctrines has been the rule against prior restraint of speech: there are strict limitations on the constitutionality of preventing expressions, even harmful ones, before they occur. One of the implications of the doctrine is the courts‘ refusal to issue injunctions against speech. The rationale of the...
Possible Public Law Framework on AI (Artificial Intelligence) and Security －AI Network and the Risk－
Artificial Intelligence (AI) may change our lives dramatically. At the same time, risks are pointed out in the incoming networked society supported by such artificial intelligence (hereafter AI). In this paper, I will discuss the possibility of a legal framework to prevent such risks. In particular, I would like to discuss the possibility of setting...
Pragmatic Constitutional Court in Russia‘s Dual State
This paper analyzes the conduct of the Russian Constitutional Court (RCC) and its chairman, Valerii Zorkin, in an effort to explain its institutional health and longevity in the context of consolidated authoritarianism. We argue that the stability of RCC today seems to have been due in large part to the pragmatic actions of its chairman,...
Regional Judicial Cooperation and Dialogue in Asia
This chapter focuses on avenues by which judges in Asia interact with their counterparts in other States on constitutional questions. The practice of judicial networking in Asia is illustrated through case studies of the Association of Asian Constitutional Courts, the Asian Judges Network on Environment, and the Korean Constitutional Court. The chapter argues that the...
Reflections on External Advice to Constitution Making
Professor Ghai provides reflections on the panel’s remarks, and discusses trends and changes in his four decades of experience providing – and receiving – constitutional advice.
Reflections on external assistance to constitution making
Professor Ginsburg reflects on recent experiences in contexts as diverse as Tuvalu and Nepal, Chile and the Arab Region to discuss how external assistance impact constitutional design choices.
Quantitative Measures of Equal Rights in Constitutions: Methods and Key Findings
Quantitative measures of constitutional rights enable rapid comparisons of the quality of rights across countries for different aspects of identity. We have constructed an original database of 50 specific civil, political, social, economic, and equal constitutional rights across 14 aspects of identity for 193 countries. We find that fewer constitutions guarantee equal rights for persons...
Questioning legal personhood
Drawing on the works of Roberto Esposito and Jacques Rancière the paper seeks to unpack and revisit the notion of legal personhood and the correlated distinction between legal subjects and objects in contemporary EU law. Using the lens of asylum, its intended aim is to bridge the gap between the order of nature and that...
Right to Education of Person with Disabilities at crossroads : Inclusive versus Special education
Despite the clarion call of UNCRPD 2006 for embracing the Human rights model of disability, and to recognize right to education as one of the enablers for evolving the dignified social identity of PWD, in India we are engaged in needless debate whether Special education is a norm and inclusive education is an Exception. In...