11 October 2023
The French Republic’s (In)Divisibility
On Thursday 28 September 2023, French President Emmanuel Macron called, in front of the Corsican Assembly, for Corsica to be given ‘autonomy within the Republic’. The French government and Corsican elected representatives have six months to produce a text which, if approved by the Corsican Assembly, will serve as the basis for an amendment to the French Constitution. Nonetheless, the political reactivation of an old constitutional principle might get in the way. In particular, conservative parliamentarians can be expected to invoke the principle of the indivisibility of the Republic in the constitutional amendment process. Despite the principle’s long-standing presence in republican constitutional history, we argue that it cannot serve as a constitutional argument against Corsican autonomy, both because the Constitution allows amendments despite contradictory principles and because it has always tolerated a certain degree of divisibility. Continue reading >>
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19 May 2023
Digesting the (Not So) Free Lunches of Social Media
It has become common wisdom that “there is no such thing as free lunch.” Social media shows us daily how true this observation remains until today. The ‘conventional’ business model of these platforms focuses on data exploitation, and, increasingly, ‘freemium’ models. While it is obviously worthwhile to explore objectionable business practices in e-commerce and on social media, as 'freemium' models gain traction, this contribution suggests that the discourse on ‘dark patterns’ is somewhat sketchy and incomplete – and in need of more specificity. Continue reading >>
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06 June 2020
It’s the Autonomy (Again, Again and Again), Stupid!
On the 5th of May 2020, the German Federal Constitutional Court (FCC) delivered its anticipated judgement on the PSPP case. This decision once again reveals the problem of autonomy between constitutional orders and the connection between autonomy and conferral. Conflicting methodologies, however, if understood as a criterion to ascertain competence on behalf of one of the autonomous orders, can never be resolved without the definition of a judicial last word. Continue reading >>18 May 2019
What to expect when you’re not expecting- Abortion backlash in the US and constitutional standards
Roe v Wade- the US Supreme Court Case that has been on everyone’s lips since the appointment of Justice Brett Kavanaugh, if not since the assumption of presidency by Donald Trump. The case from 1973 is known for having established the right to an abortion and is now the center of legal and political debate around the reproductive health of those, who are able to get pregnant. The debate is being fueled by a number of states passing so-called heartbeat bills and other restrictive legislation, whereas Alabama has not only joined in on the trend but has introduced the harshest bill yet, criminalizing abortion altogether. In light of these current events, the following takes a look at the constitutional development of the right to terminate a pregnancy and its implications for current laws. Continue reading >>21 October 2017
Playing the Referendum Game in Northern Italy
Three weeks after Catalonia, two of Italy’s wealthiest regions are going to the polls over similar issues related to autonomy. On Sunday, the northern regions of Lombardy and Veneto will vote on a one-question query on whether to demand greater autonomy from Rome. Despite their apparent simplicity, both questions are formulated in such a way as to be misleading. Few months before the national election, the referendum may be considered as a test for Northern League, or even a rehearsal in view of a political campaign based on the promise of a greater return on taxes. Continue reading >>27 September 2017
The Catalunya Conundrum, Part 3: Protecting the Constitution by Violating the Constitution
Lacking legitimacy in Catalonia because of the absence of solutions to Catalan democratic claims within the Spanish legal framework, the position of Spanish institutions is badly weakened. Therefore, they do not to want to take the risk of creating even more political unrest in Catalonia with public and explicit debates on the suspension of autonomy or on the necessity of limiting fundamental rights. Instead, Spanish government is pushing other institutions, such as the Constitutional Court, prosecutors, police and judges, as well as their own executive powers, beyond their ordinary limits. Continue reading >>
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