The Strange Case of the Publicity of the Brexit Legal Advice

One of the most remarkable episodes of the most remarkable Brexit saga is the strange case of the publicity of the Brexit legal advice. The actions of Theresa May’s government seem to aim at reducing both popular and democratic sovereignty to an empty shell before the incumbent Prime Minister and her cabinet are kicked out of power. However, the case of the publicity of legal advice is indeed strange not only on account of what has transpired on the British isles, but also of what has not happened on the continent.

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Combatting TINA-Rhetoric through Judicial Review: Dealing with Pay Cuts in Times of Financial Consolidation

Recently, the German Federal Constitutional Court has decided that certain cuts on wages for civil servants in the Land Baden-Württemberg are unconstitutional. The judgment establishes a constitutional answer to the so-called “there is no alternative” (TINA) rhetoric that has largely dominated the political discourse on budgetary consolidation in the past. From this perspective, this line of jurisprudence allows for opening up a political and constitutional discourse that has become somewhat colonized by purely economic and financial considerations.

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Sovereign Choices: The CJEU’s Ruling on Exit from Brexit

In today’s Wightman judgment, the CJEU has ruled that a Member State may unilaterally revoke its notified intention to withdraw from the EU prior to that withdrawal taking effect. The Court is clearly signalling that membership of the European Union, and the rights and responsibilities which come with it, is voluntary. As political messages go, that is a pretty big message.

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July 2018

Global Constitutionalism

Human Rights, Democracy and the Rule of Law

  • Popular sovereignty over natural resources: A critical reappraisal of Leif Wenar’s Blood Oil from the perspective of international law and justice
    PETRA GÜMPLOVÁ
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    ULRICH WAGRANDL
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The Meaningful Vote on Brexit: the End of the Beginning or the Beginning of the End?

Tomorrow, the House of Commons will, barring a last minute delay, be the stage for the conclusion of the most dramatic parliamentary debate of the Brexit process so far: the meaningful vote on the Brexit deal. In strict constitutional terms the question is simple: will MPs decide to approve the motion that is legally required (by the EU (Withdrawal) Act 2018) to enable the Withdrawal Agreement to be ratified before exit day? However, the political and procedural reality is, as one would expect, less simple.

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Of Rhetoric and Reality: The Nobel Peace Prize and Conflict-Related Sexualized Violence

Tonight, Denis Mukwege and Nadia Murad will jointly receive the Nobel Peace Prize in Oslo, Norway, “for their efforts to end the use of sexual violence as a weapon of war and armed conflict”. This event provides a good opportunity to take a look at the development of narratives and the legal treatment of conflict-related sexual violence.

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The Census in the USA and Germany: It’s all about sampling

In Germany disputes over the 2011 census have finally come to an end in the “census judgment” by the Bundesverfassungsgericht. In the United States of America, in turn, disputes over the 2020 Census questionnaire are currently before the federal courts that raise related issues of the accuracy of the count. In contrast to the German Grundgesetz, the U.S. constitution requires a census every ten years to determine representation in the House of Representatives and the Electoral College. Accurate population data are the underlying goal of the Constitution’s decennial census requirement. We argue that in the twenty-first century accuracy requires modern statistical techniques, including sampling and adequate pre-testing of questions.

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Can an Art. 50 TEU withdrawal notice be revoked? How Advocate General Bordona offered a legal Trojan horse to Union law

In his opinion given in the Case Wightman et. al., Advocate General Bordona pleads for the possibility to revoke the notification of withdrawal. Although it may be politically and economically desirable to keep the UK in the Union, this does not justify the introduction of a “legal Trojan horse” into the European law order by interpreting the European treaties in a one-sided manner.

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The CEU Leaves – Hungarian Students are Left in the Lurch

For 27 years Central European University has operated in Hungary’s capital. That era has come to an end. The forced move of the CEU to Vienna signals to Hungarians and other citizens in illiberal democracies that vulnerability is their future. They are left to the wayside by the international community, abandoned by the European Union, and left questioning who will ever defend liberal-democratic values in practice.

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Brazil in the Dock: The Inter-American Court of Human Rights Rulings Concerning the Dictatorship of 1964-1985

On July 4th 2018, the Inter-American Court of Human Rights (IACtHR) made public the condemnation of Brazil for its omission in investigating, prosecuting and condemning the public agents supposedly liable for the torture and murder of the journalist Vladimir Herzog. The events took place back in 1975, during the dictatorship of 1964-1985. After several attempts […]

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Why the EU Commission and the Polish Supreme Court Should not Withdraw their Cases from Luxembourg

The forced retirement of Polish Supreme Court judges has been reversed by the Polish legislator. Should the EU Commission and the Court of Justice now end their infringement procedure against Poland, too? There are several reasons why they should not.

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