The ECtHR as a drowning ‘Island of Hope’?’ Its impending reversal of the interpretation of collective expulsion is a warning signal

The outcome of the case ND and NT v. Spain currently pending before the Grand Chamber may determine the future course of the Court in other migration policy cases. It will show whether the ECtHR still deserves its title as an ‘island of hope in stormy times’ or whether this island is drowning under the pressure of some of its Member States.

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Advertising: Global Constitutionalism (Journal) Volume 7, Issue 3
November 2018

Global Constitutionalism

Human Rights, Democracy and the Rule of Law

  • Outlawing war is not enough to promote international peace: The ambivalence of liberal interventionism
  • Double bind at the UN: Western actors, Russia, and the traditionalist agenda

A National Emergency on the Border?

Declarations of emergency are in bad odor in modern constitutional democracies. the U.S. Constitution makes no provision for emergency declarations. And while the Constitution’s guidance is cryptic at best on many separation-of-powers issues, it couldn’t be clearer that Congress—not the President—has the power to appropriate funds. So: can he really do that? The better argument is that he cannot, but it’s not so open-and-shut a matter as you might suppose.

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Why Referendums in Ireland Work Better than in the UK

Former UK prime minister Gordon Brown has recommended the Irish innovation of the citizens’ assembly to inform and guide public opinion. Theresa May, too, included a glancing reference to the notion in her recent House of Commons speech. They are mistaken, though, if they believe that this formula has much to offer in the UK.

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A Part of the Constitution Is Unconstitutional, the Slovak Constitutional Court has Ruled

The 30th of January 2019 will undoubtedly be remembered as a milestone day in the development of Slovak constitutional law, signaling the start of a new, second, stage of development. The first stage started on 1 September 1992 (the day of adoption of the Constitution of the Slovak Republic) and lasted until 30 January 2019. The second stage started with the Slovak Constitutional Court decision, of 30 January 2019, that an amendment to the Constitution is invalid for violating the material core of the Constitution.

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Disastrous Stability: Brexit as a Constitutional Crisis

The reason Continental Europe so often misunderstands what is happening in the UK is that it views events there either as developments in an international negotiation or as a crisis of the Tory party. The reality is that we are witnessing a constitutional system in crisis. One of the oldest constitutional systems in the world is trying to digest three paradigm shifts – and it is trying to do so in one gulp.

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Transitional Justice in Colombia Under Attack: An Interview with GABRIEL ROJAS

Colombia is the first country in the world with a peace agreement that includes the Rome Statute obligations of the International Criminal Court in its new transitional justice system. But after a change of government last year, the Special Jurisdiction for Peace (SJP) is already coming under attack before it has barely started.

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The First Live-Broadcast Hearings of Candidates for Constitutional Judges in Slovakia: Five Lessons

In 2019, Slovakia selects nine out of thirteen constitutional court judges and the hearings of the candidates for the nominees for the vacant seats were publicly broadcast. The atmosphere of the hearings and the overall context of the 2019 appointment process, however, yield at least five, and not that optimistic, lessons.

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The EU Regulation on Terrorist Content: An Emperor without Clothes

The draft EU Regulation on preventing the dissemination of terrorist content online constitutes a grave threat to freedom of expression. It could be applied in respect of journalists, non-governmental organisations, political parties, trade unions, indigenous peoples, scholars of history or social sciences, novelists, cartoonists, photographers and filmmakers. Its cross-border application makes it a dreadful tool in the hands of authoritarian regimes or rogue officials.

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