20 October 2023
The Basic Structure Doctrine, Article 370 and the Future of India’s Democracy
A constitution bench (five-judges) of the Supreme Court of India recently concluded the hearings related to the the abrogation of Article 370 of the Constitution and the bifurcation of the State of Jammu and Kashmir (J&K) into two Union Territories. How the Supreme Court finally decides this instant case will have far-reaching constitutional implications. In particular, the basic structure challenge pressed upon by the Petitioners, is likely to determine the future of India’s democratic federal architecture and the structural balance of power between the Union and states. Continue reading >>
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12 March 2017
The Asymmetric Bet of Europe
One of the options in Jean-Claude Juncker's White Paper on the Future of Europe is an asymmetric Europe. While some comparative lawyers still treat asymmetry as an exception in the life of federal polities, actually this concept has progressively acquired a key role in the history of federalism. In other words, today asymmetry is the rule rather than the exception in this field. Continue reading >>
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