This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so....
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
The Theory of the Dual State Revisited : Dual Constitutionalism in Thailand, Turkey and Pakistan
In Ernst Fraenkel‘s account, the Dual State is characterized by two relatively autonomous spheres: the normative and the prerogative one (or what some have called the “deep state“). In the prerogative State, the State acts with discretion and its actions are not subject to judicial review. Most constitutions are characterized by coexisting liberal and authoritarian...
The Special Criminal Court: Hollowing out the Right to Trial by Jury in Ireland
The Irish Constitution, Bunreacht na hÉireann, was adopted via plebiscite in 1937. It guarantees a right to jury trial. The drafters, acutely aware of the threats to security which had stalked the precursor Irish Free State, included an emergency powers clause & the ability to legislate for non-jury trial where the ‘ordinary courts’ were deemed...
The Study on Indigenous People’s Right to Participate or Consent
This paper is going to discuss institutional design issues regarding indigenous people‘s right to participate or consent, including the nature and scope of this right, and the relationship among various kinds of participation. In addition to clarify the nature of indigenous people‘s right to participation or consent through study on international legal documents, this project...
Why and When Irrational and Arbitrary Distinctions are Discrimination
While some scholars explain why arguments that limit the scope of discrimination to the classic grounds of race, gender, and so on, are not convincing, none of them establishes a positive argument as to why and when we should consider irrelevant distinctions that are not based on the classic grounds as discrimination. This paper explains...
Your income is too high, your income is too low: Discretion at work in labour migration law and policy in Macau and the Netherlands
The tension between EU harmonisation of economic migration law and Member States‘ concern over their sovereignty has downplayed or neglected EU legal obligations by Member State legislators. The law-makers‘ design of a system granting either no or very wide discretion to the street-level bureaucrats, as is the case in the Netherlands, creates an atmosphere of...