28 December 2024
Democracy and the Election Commission of India
As I write this review on the eve of 2025, much hasn’t changed when it comes to the status of democracy in India. If anything, there are increasing concerns that the gains of democratic consolidation since the inauguration of the Indian Constitution are withering away and giving ample space for the entrenchment of a majoritarian, anti-democratic political culture. The vile and morally corrupt politics of the Bharatiya Janata Party (“BJP”) have struck a chord with the voters, who continue to support its exclusionist vision of India. Continue reading >>
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13 December 2024
“It looks more like a managed transition than a revolution.”
Five Questions to Michael Meyer-Resende Continue reading >>
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13 December 2024
Shooting Democracy in the Foot?
On December 6th, the Romanian Constitutional Court (CCR) annulled the Presidential Elections. The CCR’s decision followed the disclosure of intelligence documents on December 4th. These showed Russian interferences in the electoral process and campaign, via propaganda and disinformation. The gravity of the violations evidenced by the documents released, coupled with the many concerning declarations by Călin Georgescu, made the CCR’s intervention vital. However, the modalities of and belatedness of the CCR’s and the Romanian authorities’ response with respect to this unfolding mess do nothing but exacerbate the root causes of Georgescu’s win, bolstering his claim that democracy is being denied to the people of Romania. Continue reading >>
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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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