According to a common belief of many advocates and analysis of LGBT rights, the liberalization of rights related to LGBT people occurs through a sequence of legal changes, beginning with decriminalization, followed by laws relating to economics and the public sphere (workplace, public accommodations, military service), then laws related to family (adoption, domestic partnership) with...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Exploring State transformation to guarantee citizens fundamental rights and security
In this work we will analyze two new scenarios that are forcing the State transformation to guarantee citizens fundamental rights and security: cases where the State needs ITC private operators to fulfill its national security duties and cases where ITC private operators decisions impact State traditional roles. For instance, courts from different States have decided...
External Assistance and the Endogenous Forces and Mechanisms of Constitution Making
How does external assistance interact with the endogenous forces and mechanisms of constitution making? This paper unpacks external assistance into different forms, and applies each to the framework of drivers of constitutional design choice developed by Jon Elster in his 1995 paper ‘Forces and Mechanisms of Constitution Making’.
Foreign judges on constitutional courts: Global insights from Pacific experience
Foreign judges sit on courts of constitutional jurisdiction in more than 30 independent states across the world. The practice is particularly prevalent in the Pacific. Over the past 15 years, 187 foreign judges have served on the courts of constitutional jurisdiction in Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu....
From banned interviews till Saturday Night Live: judicial appearance in the media and its limits
Judges live and work in a society and cannot be isolated. They enjoy freedom of expression, but it may jeopardize their impartiality or even their independence. A reasonable, constitutional balance needs to be struck in this field. Should a judge appear in a media? As a judge or as a private person? What type of...
Freedom of the Press vs. Freedom of the Screen: Democratic and Constitutional Challenges of Media Law and Policy in The 21st Century
This article suggests a multi-disciplinary framework for evaluating the political and constitutional legitimacy of both traditional and new media (such as Netflix, YouTube), and explores the double function of public law: supervising the media (television, Netflix or Youtube) and their regulators. By turning to insights from political theory and social sciences, the article argues that...
From “Our Constitution“, “Our People“, to “Our Justices“: Constructing A Non-Citizen “People“
Prevailing constitutional theories assume that citizens are the primary subjects of constitutional rights and be guaranteed all the constitutional rights. They disagree only on of which rights the guarantee is extended to non-citizens. This Article reviews the text of the Taiwan Constitution and relevant constitutional theories to refute the assumption that the guarantee of constitutional...
From Facts to Feelings. LGBT Identities Before European Courts
Law and human rights are increasingly estranged from their factual dimension. Self-understanding/definition along with personal feelings/inner statuses are acquiring relevance, especially in the interpretation of domestic/HR courts. The shift “from facts to feelings“ is visible in the area of LGBT rights, through which new paradigms of legal protection are emerging. The paper firstly focuses on...
From migrant to commodities: international human rights protection and the growing privatisation of migration management
As the immigration debate tops policy makers‘ agendas, the classical migration patterns and policies are challenged by how globalisation has transformed boarders. States, especially western democracies, attempt to find new modes of governance. They do so, notably, by involving non-state actors such as NGOs, international organisations, and private companies in their migration management policies. The...
From Transmission Belts to (Semi)Autonomous Actors – Chief Justices in Slovakia
Thhis paper analyses various roles of the Chief Justices in Slovakia after the split of Czechoslovakia. It explores whether Slovak Chief Justices still operate as “transmission belts“ of the Slovak ruling political elites, like in the communist era, and how much influence they have over careers of rank-and-file judges. It shows that Chief Justices in...