I argue that the Philippine Constitution‘s main strategy for pursuing and preserving fundamental values is the fostering of integrated diversity, which seeks to empower various, diverse groups and channel their political energies into the democratic processes whereby the coöperation, compromise, and coalition-building needed to succeed would lead to the pursuit of collective norms and win-win...
Tag: <span>WEDNESDAY JUNE 27 2018 9:00 AM – 10:30 AM</span>
Invoking the Nation in Partitioned Lands: Postcolonial Constitutions and Exclusion in Ireland and the Indian Subcontinent
The paper explores the relationship between constitutional representations of the nation and institutional design following the partitions of Ireland and the Indian subcontinent. The constitution-making processes and outcomes in Ireland 1937, India 1950 and Pakistan 1956, together with the Northern Ireland Act 1998, reveal the constitutional centrality of claims to nationhood that extend beyond state...
Judges and the Judging of Mixed-Race Racial Identity Discrimination Claims
A growing number of commentators view discrimination against multiracial (racially-mixed) people as a distinctive challenge to racial equality. This perspective is based on the belief that multiracial-identified persons experience racial discrimination in a manner that judges steeped in historic black-white notions of racism cannot comprehend. I dispute that premise and deconstruct its Personal Identity Equality...
Judges as Administrators (Defining Institutional Judicial Accountability)
Contemporary discussions on judicial independence and judicial accountability focus on liability of judges for decision-making, and disciplinary mechanisms ensuring the integrity of the judicial process. However, they overlook the fact that specific judges perform administrative duties distinct from their judicial functions, which were transferred from the executive to the judiciary in an effort to promote...
Mass Migrations and Public Emergencies: Where do Human Rights Fit In?
In constitutional law, situations of public emergency (PE) relate mostly to war, terrorism, civil unrest and natural disasters of large scale; little attention has been given so far to other phenomena. Despite the fact that migrations historically form a part of human identity, attitudes towards them changed drastically in the last decades, especially in the...
LAW-MAKING IN THE FACE OF THE MIGRATION CRISIS: TO FIND THE BEST LEGISLATIVE POLICY (THE SWEDISH CASE).
The recent Syrian crisis and the following increase in migratory fluxes have put many European welfare states under pressure. At least initially Sweden has been one of the most generous European recipient of migrants, confirming its world-image as a safe harbor for “people in need“ around the globe. However, due to factors of internal and...
Legal interactions in the global governance of international finance
The article provides a theoretically grounded analysis of selected instances of legal interactions between bodies of norms emanating from formal and informal sources of regulatory authority in the issue area of global financial regulation. It discusses such interactions by looking at examples from global financial and accounting standards, credit rating agencies, banking and derivatives market...
Kelsen‘s Material Constitution and the Limits of Amendment Review
This paper will defend Kelsen‘s claim that formal constitutionality is reducible to material constitutionality. It will do so by discussing the question whether it is possible for a written constitution to limit judicial review of constitutional amendments to purely procedural review. There are several cases where such limitations broke down in practice. It will be...
Judicial responses to crises measures: A post-crisis assessment
This paper analyses the judiciary‘s responses to the measures imposed in addressing the adverse effects of the financial and sovereign debt crisis. It examines the jurisprudence of national courts, the Court of Justice of the EU, the European Court of Human Rights as well as awards of international arbitration tribunals that were set up under...