Symposium: Recent and Potential Future Constitutional Developments in Russia

Symposium: Recent and Potential Future Constitutional Developments in Russia

Elena KREMYANSKAYA

Currently Russia is facing quite a few challenges, flowing not only from the history of the country but also from recent constitutional developments with the country as well as from developments in constitutional law practice worldwide. In this piece, I try to point out several of these challenges which may impact on the future of the country.

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Symposium: Dissents in Charter Cases at the Supreme Court: An Anomaly of 2018 or An Emerging Trend?

Symposium: Dissents in Charter Cases at the Supreme Court: An Anomaly of 2018 or An Emerging Trend?

Hayley PITCHER

Last year, 2018, marked the beginning of a new era at the Supreme Court of Canada; Chief Justice Wagner completed his first full year in the role. Prior to his appointment, Chief Justice McLachlin led the Court for 17 years. She earned a reputation as a consensus builder on the Court, but that is not to suggest Charter cases decided by the Court were consistently unanimous.

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Democratic Decay & Renewal (DEM-DEC): Global Research Update-June 2019

Democratic Decay & Renewal (DEM-DEC): Global Research Update-June 2019

Tom Gerald DALY

DEM-DEC is Marking its First Anniversary

DEM-DEC was launched on 25 June 2018 to assist researchers and policymakers focused on the global deterioration of liberal democracy, and on re-thinking democracy. DEM-DEC has delivered on its core purpose is to bring scholars and policymakers together in a collaborative project to pool expertise on democratic decay and democratic renewal…

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Latin America: Walking into the Abyss with eyes wide open

Latin America: Walking into the Abyss with eyes wide open

Carlos Arturo VILLAGRAN SANDOVAL

Between 2018 and the first part of 2019, Latin American states continued to experience the effects of longstanding regional phenomena and trends that present a deterioration of their state-institutions and democracy. In the face of these challenges, societies in the region have found it difficult to find a solution to the problems that these phenomena present. This post will give a brief exposition of three of these phenomena and trends that present constitutional challenges for the development of democracy and rule of law in Latin America.

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‘Disallegient conduct’ and citizenship stripping: Recent Australian developments

‘Disallegient conduct’ and citizenship stripping:  Recent Australian developments

Rayner THWAITES

In December 2015 new statutory powers of citizenship stripping for ‘disallegient conduct’ entered into force in Australia. In November 2018, a Bill was introduced into the Australian Parliament to expand the scope of one of these deprivation powers, debate on this Bill occupying Parliamentary committees through early 2019.

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The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland

The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland

Barbara GRABOWSKA-MOROZ, Katarzyna ŁAKOMIEC & Michał ZIÓŁKOWSKI

On 15 June 2019 the Polish Ministry of Justice announced on its website that the Ministry would sue a group of lawyers from the Cracow Institute of Criminal Law, who criticized draft amendments to the Criminal Code. The case of “48-hours-lasting lawsuit” touches upon two fundamental issues: academic freedom and quality of the legislative process.

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Absent-Present Membership? EU Citizens in Brexit Britain

Absent-Present Membership? EU Citizens in Brexit Britain

Reuven ZIEGLER

Having notified the European Council on 29 March 2017 of its intention to withdraw from the EU, the negotiated Withdrawal Agreement and Political Declaration on the Future Relationship between the UK and the EU27 was thrice rejected by the UK House of Commons, forcing the Prime Minister to announce her departure. On 23rd May 2019, the UK held European Parliamentary Elections with Brexit dominating the electoral landscape.

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A Common Policy? The Calling into Question of the European Asylum System

A Common Policy? The Calling into Question of the European Asylum System

Valentina CARLINO

“Solidarity is the glue that keeps our Union together. […] And when it comes to managing the refugee crisis, we have started to see solidarity. I am convinced much more solidarity is needed. But I also know that solidarity must be given voluntarily. It must come from the heart. It cannot be forced. We often show solidarity most readily when faced with emergencies.”

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Symposium: Guest Editors’ Introduction: IACL’s New Research Group on Membership and Exclusion under Constitutions

Symposium: Guest Editors’ Introduction: IACL’s New Research Group on Membership and Exclusion under Constitutions

Amelia SIMPSON & Elisa ARCIONI

We are excited to introduce the new IACL research group on Membership and Exclusion under Constitutions  and to share, in this Symposium, some of its members’ current work. The research group was conceived as a focal point for scholarly inquiry into constitutional identity…

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Symposium: Foundation and Framework: How Unwritten Constitutional Principles Shape Political Decision-Making

Symposium: Foundation and Framework: How Unwritten Constitutional Principles Shape Political Decision-Making

Vanessa MacDonnell

Since the 1980s, the Supreme Court of Canada has articulated a jurisprudence of “unwritten constitutional principles.” In a series of decisions dealing with constitutional questions in contexts ranging from patriation to secession, it has recognized a number of unwritten principles as constitutional, including…

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The English Common Law as a Vehicle for the Protection of Uncodified Constitutional Rights

The English Common Law as a Vehicle for the Protection of Uncodified Constitutional Rights

Christina LIENEN

Whereas constitutional rights jurisprudence is well-established in Canada, in the United Kingdom, a traditionally rights-skeptic jurisdiction, the jurisprudential foundation and normative reach of constitutional rights remains contested. It is only recently that the UK Supreme Court has started to refer to common law concepts that are constitutional in character…

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Symposium: The Unwritten Constitutional Principle of Ecological Sustainability: A Lodestar for Canadian Environmental Law?

Symposium: The Unwritten Constitutional Principle of Ecological Sustainability: A Lodestar for Canadian Environmental Law?

Lynda COLLINS

Environmental law in Canada and around the world has achieved many significant victories – saving countless human lives, bringing species back from the brink of extinction and improving quality of life for millions of people. However, when assessed against the crucial parameter of sustainability…

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