Symposium: COVID-19 in India: Seeking Accountability in a Moment of Crisis (II)

Symposium: COVID-19 in India: Seeking Accountability in a Moment of Crisis (II)

Anindita MUKHERJEE

While it is clear that the Indian federation is Union-heavy, the Constitution does build in some mechanisms of accountability, to check the use of executive power. The legislature is expected to interrogate executive decision-making, with sub-committees expressly tasked with examining subordinate legislation.

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Symposium: COVID-19 in India: Examining the Structural Enablers of Over-Centralisation (I)

Symposium: COVID-19 in India: Examining the Structural Enablers of Over-Centralisation (I)

Anindita MUKHERJEE

The Indian state’s response to the COVID-19 crisis has been breath-taking in its callousness. It has unleashed a humanitarian disaster of mammoth proportions, described by some as the worst that we have witnessed since achieving independence. It has also exposed, in ways that are now impossible to ignore, the perils of an over-centralized state.

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The Constitutional Propriety of India’s COVID-19 Response from a Distribution of Powers Perspective

The Constitutional Propriety of India’s COVID-19 Response from a Distribution of Powers Perspective

Akshay AURORA

Indian federalism rests on three pillars: a strong centre, co-operative federalism, and flexibility. These characteristics have now assumed a pivotal role in India’s handling of the COVID-19 pandemic, which demands a quick and efficient response from the central (or Union) and state governments.

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The Erosion of Property Rights in Turkey

The Erosion of Property Rights in Turkey

Ali YILDIZ & Leighann SPENCER

The right to property is enshrined in both international and regional law (including in the European Convention on Human Rights (ECHR), which binds Turkey). In Turkey, it is also given constitutional recognition. Yet, on the pretext of handling a domestic emergency and fighting terrorism, the Turkish Government is infringing on the right using state of emergency and anti-terror laws…

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Fighting Covid-19 and Protecting Privacy Under EU Law — A Proposal Looking at the Roots of European Constitutionalism

Fighting Covid-19 and Protecting Privacy Under EU Law — A Proposal Looking at the Roots of European Constitutionalism

Oreste POLLICINO

Singapore: it is a normal May afternoon in the Pandemic season in Bishan-Ang Mo Kio Park. A four-legged robot, fitted with a camera, is walking through the park staring at visitors. One’s first impression might be that it is a new walking surveillance tool developed in relation to the Pandemic…

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Symposium: The Marginalization of Socio-Economic Rights (I)

Symposium: The Marginalization of Socio-Economic Rights (I)

Colm O’CINNEIDE

Coronavirus; climate change; the impact of the 2008 economic crisis and the austerity policies that followed; the cumulative social toll across the globe of four decades of neo-liberal economic governance. The combined impact of all these factors has splintered the broad political consensus that had existed throughout the 1990s and early 2000s as to the sustainability of the existing global socio-economic order….

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Who is the Master of the Treaties? The Compact Theory in Karlsruhe

Who is the Master of the Treaties? The Compact Theory in Karlsruhe

Antonia BARAGGIA & Giuseppe MARTINICO

We are still trying to understand the implications of the shocking decision by the German Constitutional Court (BVG) on the Public Sector Purchase Programme (PSPP) and its impact on the future of the EU integration process. This post will not analyse the content of the decision. Rather, it will argue that this judgment and other recent critical events understand the integration process in light of something resembling the “Compact Theory” approach…

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Symposium: The Dutch SyRI Case: Some Thoughts on Indivisible Interferences and the Status of Social Rights

Symposium: The Dutch SyRI Case: Some Thoughts on Indivisible Interferences and the Status of Social Rights

Ingrid LEIJTEN

Human rights potentially conflict with one another. This is particularly visible during the current Covid-19 crisis. The right to the highest attainable standard of health, but also to access to affordable housing and social security, impose positive obligations on States that conflict with their duties to secure other rights, such as freedom of movement or property rights.

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Yeshtla v the Netherlands (application no.37115/11): Discriminatory Impacts of State Social Policy on Vulnerable Individuals

Yeshtla v the Netherlands (application no.37115/11): Discriminatory Impacts of State Social Policy on Vulnerable Individuals

Nensi SINANAJ

In February 2019, the European Court of Human Rights (ECtHR) unanimously declared inadmissible the application in the case of Yeshtla v. the Netherlands. This case deals with issues of social housing and irregular residence. It also touches upon essential questions relating to possible discriminatory effects of the ECtHR decisions in matters of state social policy, such as whether the Court has been successful in using fundamental norms as tools to support those who are in vulnerable positions.

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The Complexities of Democratic Choice: A Response to Yossi Nehushtan and Ash Murphy

The Complexities of Democratic Choice: A Response to Yossi Nehushtan and Ash Murphy

Stanley L. WINER

Yossi Nehushtan and Ash Murphy’s blog post "This is not the people's government or the democratic will of the people" deals with the democratic theory that underlies the Brexit decision, and in particular with the relevance to the Brexit issue of the way in which the existing majoritarian single member plurality rule electoral system in the U.K. works. The authors are opposed to the non-proportionality between party votes and seats that such a system exhibit…

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Symposium: Guest Editor’s Introduction: Social Rights and Covid-19 (IACL Research Group on Social Rights)

Symposium: Guest Editor’s Introduction: Social Rights and Covid-19 (IACL Research Group on Social Rights)

Gaurav MUKHERJEE

It is clear that in the months to come, political and legal contestations over social rights will intensify. The Social Rights Research Group (RGSR) hopes to be able to facilitate a wide-ranging dialogue and help connect researchers and practitioners from across jurisdictions. We want to enable the asking of difficult questions about social rights theory and practice - and the formulation of responses to them.

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Editorial: Farewell to Co-Editor Associate Professor Tom Daly

Editorial: Farewell to Co-Editor Associate Professor Tom Daly

Farewell to Co-Editor Associate Professor Tom Daly

Today is bitter-sweet for the IACL-Blog Team, and in particular for us as co-editors. In fact, along with the launch of a superb new symposium on 'Social Rights During and After COVID-19' and a blog post by Stan Winer on the complexity of democratic choices, we celebrate incredible growth in the readership numbers of the blog. But today we are also saying farewell (at least, formally) to someone who has played a significant role in helping grow the blog.

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