26 November 2024
Protecting Victims Without Mass Surveillance
Mass data retention is on the rise. In the current heyday of security packages in Germany, we are now witnessing a “super grand coalition” in favor of mandatory IP address retention. Some are calling for greater protection for victims through data retention. Yet, what one often overlooks is the following: The investigative capacities of law enforcement authorities have never been better, and the digital data pools that can be analyzed have never been larger. Hence, victims must be protected without mass surveillance. Continue reading >>
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03 November 2024
Of Artificial Intelligence and Fundamental Rights Charters
The Council of Europe has adopted the Framework Convention on Artificial Intelligence – the first of its kind. Notably, the Framework Convention includes provisions specifically tailored to enable the EU’s participation. At the same time, the EU has developed its own framework around AI. I argue that the EU should adopt the Framework Convention, making an essential first step toward integrating the protection of fundamental rights of the EU Charter. Ultimately, this should create a common constitutional language and bridge the EU and the Council of Europe to strengthen fundamental rights in Europe. Continue reading >>
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27 July 2024
Never Again – Ever Again
The “Never Again” is the desperate evocation of something impossible. Nothing prevents people from expanding the arsenal of their crimes with ever newer, ever more artificial, more scientific methods and instruments, and from using them. Just as grass and flowers mercifully spread over the ruins of the ovens, the fields fertilized with ashes, all attempts to bear witness to the crimes, to keep memory alive as a warning, dissolve into the history of the victors, which has dominated everything else in all times of human history. Continue reading >>
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28 June 2024
From Constitutional Crisis to Poisoned Chalice
The national elections to the UK Parliament in Westminster are scheduled for 4 July 2024, and are consequential for the constitution. Continue reading >>
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21 June 2024
Taiwan’s Constitutional Showdown
A stress test for Taiwan's democracy. Continue reading >>
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11 June 2024
Should a Convicted Felon be the Next President of the US?
On Thursday, May 30th, 2024, former President Trump was convicted in New York City by a jury of thirty-four criminal charges consisting of falsifying business records with the intend to deceive. Regardless of his tirade against the American legal system, he stands as a convicted felon unless he could prove otherwise on appeal. This is an unprecedented conviction. Mr. Trump is the first American president who has been criminally convicted. Lamentably, the republican establishment continues to stand by the former president and to question the legality of this trial thereby challenging the integrity of the rule of law. Continue reading >>12 April 2024
Hercules or Sisyphus? On the legacy of statutory lawlessness in post-autocratic Poland
A constitutional responsibility. Continue reading >>
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