Work on better law-making and quality of legislation has boomed over the last decade. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. There is a growing literature on the...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
How Judges Decides? The Hypothesis of Legal Constraints
A theory of legal constraints start with a realistic conception of the interpretation, according to which the legal actors (ie. authorities authorized to produce legal rules) are free to choose between several possible meanings of the texts which they have to apply. Nevertheless, the legal actors do not decide in a completely arbitrary way. From...
CONSTITUTIONAL COURTS AND ‘FOREIGN’ JUDGING
The traditional model of constitutional judge is a local citizen and resident, and an individual appointed for life, until a certain age, or a non-renewable fixed term. Not all judges, however, conform to this archetype: judges in a surprisingly large number of countries are in fact foreign citizens and residents. Many of these – and...
OXFORD HANDBOOK OF CONSTITUTIONAL LAW IN ASIA
This panel brings together a selection of chapters from the forthcoming Oxford Handbook of Constitutional Law in Asia, which covers East Asia, Southeast Asia, and much of South Asia from a regional and interdisciplinary perspective.
UNCONSTITUTIONAL AMENDMENTS: THEORY AND PRACTICE
The idea that the constitutional amendment power is limited and that amendments can be unconstitutional gains traction by the day. While scholarship attempts to make a theoretical sense of it, the idea continues to migrate across jurisdictions. This panel will discuss the idea of unconstitutional amendments from both theoretical and comparative perspectives. Is the Slovak...
EXCLUSIONARY CONSTITUTIONALISM
This panel considers how constitutional symbolism as well as constitutional design can and have been used as tools in nationalist, majoritarian and colonial projects. The panel papers examine a number of vehicles for constitutional inclusion/exclusion: constitutional directives, invocations of the nation in postcolonial constitutions, institutions in settler states, and unamendable provisions reinforcing majoritarian values. The...