State formation in settler states has been intertwined with settler-colonialism. Settler-colonialism is not just a matter of the past, but it is a foundational aspect in the settler state. Inspired by TWAIL scholarship, and drawing on the work of theorists of settler-colonialism, this paper examines some aspects of constitutional law in a number of settler...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Conflict managers or avoiders? The role of global courts in entangling normative orders
What do the Lockerbie and US-Shrimps cases, the Swordfish dispute and the Southern Bluefin Tuna arbitration have in common? Often cited when addressing norm conflicts in international law, they were instrumental in moving interface conflicts center-stage, raising more general questions about unity and pluralism in international law. But a common terminology focused solely on conflict...
Constitutionalism and Development in Asian Hybrid Regime
This chapter highlights the practice of constitutionalism in hybrid regimes. In the contemporary world, constitutionalism is practiced by not only democratic countries but also authoritarian states for the sake of economic development. This chapter addresses the following questions: First, why would authoritarian regimes accept the idea of constitutionalism and legality? Second, what makes authoritarian constitutionalismfunctional...
Democracy: The Balance of Globalization and Nation-State
Market and democracy came together. There are correlation and paradox among the market globalization, state sovereignty and democracy. The market globalization had a great impact on the sovereignty and democracy of the nation-state. Sovereign countries are faced with the globalization pressure and selection dilemma between the sovereignty and democracy. Democracy can play a balancing role...
Democratization by international organizations: EU and Romania
In one of his most famous books (Third Wave, 1991), Samuel P. Huntington compares Romania and Sudan in terms of negative perspectives of democratization linked to similar domestic factors. As history has later shown, however, different external influences have led Romania to become a democracy and Sudan to be still an authoritarian regime that has...
Democratic Identity, institutional inadequacies and the Political
My proposal explores three concrete institucional flaws that are key to unravel the current situation of desoriented democratic identities in contemporary constitutional systems -emphasis placed on Latin American polities-. In this regard, a cross-cutting insight can be borrow from comparative constitutional analysis. It basically provides that substantive and normartive demands of liberalism -particularly within the...
Dilemmas and Limits for Constitutional Courts to Defend Democracy in an Era of Deep Globalisation
Globalization has led to growing perceptions of inequality and reduced democratic margins. The constitutional complaint before the German Federal Constitutional Court (FCC) against Germany‘s consent in the Council to the preliminary enactment of the CETA between the EU and Canada is an example for the attempt to defend democratic margins against encompassing free-trade regimes through...
Does Discretion in Citizenship by Investment Programs Affect the Quality of Legislation?
Citizenship by investment programs (CIPs) – granting citizenship on grounds of economic transactions – have been catching the attention of scholars during the last decade. Most agree that CIPs represent a form of selling citizenship. The introduction of the Maltese program, which grants not only national but also European citizenship, represented a turning point. Although...
Economic and Social Rights in Asia
Socio-economic rights have been increasingly recognized in constitutions and jurisprudence across the world. South-East Asia represents, however, a partial outlier in this development. The region is only outmatched by the Arab States in its reluctance to recognize socio-economic rights. For core rights pertaining to the workplace, it is the most conservative region in the world....
Entangled Legalities: Interface Law in the Global Order
It is widely accepted today that the global order contains a multiplicity of different normative orders. While the legal status of some of these normativities – especially those of an informal character and private origin – is still debated, the importance of multiplicity for understanding and theorizing law beyond the state is hardly disputed. Yet...