Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
THE STUDY OF THE MATERIAL CONSTITUTION
This panel invites scholars to engage with a relatively neglected idea of 20th century constitutional studies: the material constitution. As an object of constitutional study, this notion has been engaged in a systematic way only by legal institutionalists of the first wave (Heller, Smend, Mortati, Schmitt of the 30s) and, in a different tradition, by...
(Il)liberal Constitutionalism and Populism: How “We, the People“ Threat Constitutional Changes
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...
Equal Rights on the Basis of Disability in 193 Constitutions: Movements, Language, and Paths Forward
Nearly 15% of the global population, or one billion people, have some form of disability. However, direct discrimination on the basis of disability remains widespread, while people with disabilities experience among the highest rates of implicit bias. With the advent of the global disability rights movement and the adoption of the CRPD, the share of...
“Cybernetic“ Sovereignty and the future of Constitutional Law
After the first “wave“ of XIX ce. revolutionary constitutions, the second “wave“ of XX ce. national and supranational constitutionalism, we are now entering a new era in which the rising super-power is Technology (“Cybernetic Power“ as the convergence of Digital Technology, Neuro Sciences and economic power). In the paper I’ll try to: a) define the...
“In through the back door“: Empirical findings on third countries as EU environmental legislators
The paper analyses the role of third country lobbying in the EU. The novelty of the paper lies in applying insights about lobbying to the implementation and enforcement stages, not only, as is traditionally done, to the legislative stage. The contribution focuses on the lobbying efforts of the US, China and Japan in the context...
Administrative means of review of European Supervisory Authorities and ECB decisions: a comparative analysis
The paper analyses the administrative means of review, which can be sought against decisions made by the European Supervisory Authorities (before the Joint Board of Appeal) and by the European Central Bank (before the Administrative Board of Review), in the light of the challenges posed by the completion of the Monetary Union and the forthcoming...
Admissibility of Evidence Obtained through Mutual Assistance in Criminal Matters between Mainland China and Hong Kong: Inter-Regional Conflicts of Law
This article explores the issue of admissibility of evidence obtained through mutual criminal assistance between mainland China and Hong Kong. First, confessions obtained by hope of advantage are inadmissible in Hong Kong courts. However, evidence derived in such a manner cannot be used as grounds by the mainland court to exclude evidence. Second, if the...
An Informational Theory of Constitutional Review. Evidence From Constitutional Jurisprudence on Internal Armed Conflict
The paper deals with the role played by constitutional courts in democratic conflict solving. It proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. Courts acquire relevant information to the extent that they are accessible, process...