Tag: derogation
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Symposium on South Korea’s Martial Law Declaration Part 3: Failing to Uphold International Human Rights Standards
—Yoomin Won, Associate Professor, Seoul National University School of Law On December 3, 2024, South Korea’s President Yoon Suk Yeol declared a state of emergency and invoked martial law. Although this martial law was lifted after just six hours, it has been criticized as a measure that regressed South Korea’s democracy.
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Are Quebec and Canada having a “Schmittian” (or Iheringian) moment?
—Maxime St-Hilaire, University of Sherbrooke, Faculty of Law On June 16, 2019, the Quebec legislature invoked Section 33 of the Canadian Charter of Rights and Freedoms in order to suspend, with regards to the Act respecting the laicity (secularism)of the State (ALS) that it was passing, all constitutional rights and freedoms which this section permits.