Tag: European Union
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Of Constitutional Defiance, Migration and Borrowing of Unconstitutional Tactics and European Resistance
—Tomasz Tadeusz Koncewicz, University of Gdansk Constitutional Defiance The tempo of the attack against democracy in Poland is relentless. On 22 July 2016 the Polish Parliament passed the Law on the Polish Constitutional Court and confirmed that the parliamentary majority lead by Law and Justice party (PiS) is not holding back.
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Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role
Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. —Nick Barber, Fellow, Trinity College Oxford; Tom Hickman, Reader, UCL and barrister at Blackstone Chambers; Jeff King, Senior Lecturer in Law, UCL In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue…
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The Brexiteers: Right Answer, Wrong Question
—Nicholas Barber, Associate Professor of Constitutional Law, Oxford University Towards the end of the 1990s I was invited to a workshop just outside of Berlin at which a group of young academics gathered to discuss the future of the European Union.
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The United States’ Approach to European-Style Family Rights and National Security: The Case of Kerry v. Din
–Francesca M. Genova, University of Notre Dame In June, the United States Supreme Court handed down a case considering marriage, national security, and fundamental human rights that provides a comparison with the European Union system of rights. Unlike the Supreme Court’s blockbuster marriage case this past year, Kerry v.
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What Makes Kaczyński Tick?
[Editor’s Note: This commentary first appeared in German under the title “Polens Direktor” in der Spiegel, no. 3/2016, pp. 88-89. It is reprinted with permission from the author.] —Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney; Professor, Centre for Europe, University of Warsaw Without a doubt, Jarosław Kaczyński is not just paramount but also an absolute political…
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Symposium on the Constitutionalization of International Law in Latin America
Editor’s Note: We are pleased to be promote this AJIL Unbound Symposium on the Constitutionalization of International Law in Latin America. AJIL Unbound is the online scholarly companion to the American Journal of International Law. This Symposium, including a thematic introduction and four essays, addresses a subject of interest to scholars of public law and we are delighted to…
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Europeanizing the Eurozone
—Tomas Dumbrovsky, J.S.D. Candidate at the Yale Law School and Assistant Professor at Charles University in Prague. The way the Greek debt crisis was handled in the last weeks has been a public relations nightmare. The more or less rational debate about different economic and political views has succumbed to the irrationality of harmed feelings, humiliation,…
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Towards a “New Schuman Declaration” (I·CON 13, Issue 2: Editorial)
Even at a time of crisis, one can neither forget nor overstate the fundamental contribution of the European construct to the destiny of our continent over the last six decades. In several respects the successes of Europe may have exceeded the boldest expectations of its visionary founders.
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The Greek Crisis–A Symptom of the EU’s Constitutional Malaise
—Nicole Scicluna, Department of Political Science and International Studies (POLSIS), University of Birmingham The euro crisis started in Greece and to Greece it returned. Since the Syriza government’s election in January 2015, we have seen a succession of intense and sometimes acrimonious exchanges between Greek officials and representatives of the IMF, EU and member state governments, which…
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Should Foreigners Vote in National Legislative Elections?
—Michèle Finck, University of Oxford Next month, voters in Luxembourg will have to participate in a referendum (voting is mandatory in Luxembourg) that raises three different questions, among which is the following: do you agree that those residents that are not Luxembourg nationals should be entitled to participate in national legislative elections under the condition…