Tag: European Court of Human Rights
-
Book Review/Response: Maartje de Visser and Laurent Pech on Comparative Constitutional Review in Europe
[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Laurent Pech reviews Maartje de Visser’s recent book on Constitutional Review in Europe: A Comparative Analysis. Maartje de Visser then responds to the review.] Review by Laurent Pech –Laurent Pech, Professor of European Law and Head of the Law Department, Middlesex University London[1] Let’s not beat around the…
-
On the Tight Rope: The Turkish Constitutional Court and the Balbay Case
—Basak Cali, Koç University Law School It is well-known political science knowledge that domestic high courts strive for simultaneous sources of legitimacy. On the one hand, courts seek political legitimacy from governing political elites. On the other they seek legal legitimacy from lower rank domestic courts, other high courts, lawyers and domestic the judicial community in…
-
European Court of Human Rights Condemns Greece for Banning Same-Sex Civil Unions
–Christina M. Akrivopoulou, Greek Refugee Appeals Authority On November 7, the European Court of Human Rights decided Vallianatos and others v. Greece, which condemned Greece for banning same-sex civil unions. Law 3719/2008 introduced civil unions within Greece as an alternative to the institution of marriage for heterosexual couples that share stable relationships, but excluded same-sex…
-
Turkey’s Constitutional Process
—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration.
-
Freedom of Expression or Freedom from Electoral Unfairness?: The ECHR Upholds a Ban on Political Advertising
—Eoin Carolan, University College Dublin The decision in Animal Defenders International v. U.K. represents the European Court of Human Rights’ latest effort to resolve the contentious and long-running debate about the compatibility of a prohibition on political advertising with the protection afforded to freedom of expression under Article 10 of the European Convention on Human…
-
Review of Courts and Consociations, by Christopher McCrudden and Brendan O’Leary (OUP 2013)
—Reviewed by Tom Ginsburg In its 2009 decision in the case of Sejdić and Finci v. Bosnia, the European Court of Human Rights found in favor of two applicants who challenged the provision of the Bosnian Constitution restricting certain political offices to three “constituent peoples”.
-
The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The Spanish Constitutional Court, in judgment 198/2012 of November 28, 2012, upheld Law 13/2005, which guarantees same-sex marriage in Spain. Prior to the democratic transition that followed the death of Franco and the end of his dictatorship, Spain was characterized by a very religious and conservative…
-
Marry me or tax me? That is the constitutional question
—Angelique Devaux, French Licensed Attorney (Notaire), LL.M. in American Law (Indiana University Robert H. McKinney School of Law) To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v.
-
A Theory of Informal Constitutional Change in International Organizations
— Julian Arato, J.D., LL.M., NYU School of Law My thanks to Tom Ginsburg, Richard Albert, and David Landau for the opportunity to talk about my work on informal constitutional change in international organizations (IO’s) – a process sometimes called constitutional transformation, by contrast to formal constitutional amendment.
-
The UK 3 – British Christians 1
Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim…