14 February 2025
Rethinking Remembrance
Can commemorative practices such as memorials, museums, and national remembrance days effectively transform attitudes and behaviours to deter violence? Despite the proliferation of memorialisation practices globally, their tangible impact on reducing violence or fostering reconciliation and healing is often assumed rather than rigorously demonstrated. Continue reading >>
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13 February 2025
Transgender Rights at a Crossroads in the United States
In his first month in office, US President Donald Trump has issued a series of sweeping executive orders targeting transgender rights. These orders build on political terrain that is now exceedingly hostile to transgender rights. In this post, I briefly examine the landscape for transgender rights in the United States, analyze what President Trump’s executive orders on transgender rights aim to do, and then discuss the stakes of United States v. Skrmetti, the pending Supreme Court case that will likely set out the framework that federal courts will use in adjudicating transgender rights cases under the Trump administration and beyond. Continue reading >>
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31 January 2025
Carte Blanche for Judicial Appointments?
In the recent Valančius judgment, the Grand Chamber of the Court of Justice of the European Union (Court of Justice or ECJ), ruled on Union law requirements for the judicial appointment procedure to the EU General Court. Having previously clarified the Union law requirements for the selection procedures of national judges, the Valančius case at first sight confirms the applicability of these requirements to the selection procedure of EU General Court judges. However, a closer look reveals that the judgment risks effectively giving carte blanche for Member States to design the national stage of the appointment procedure regarding EU General Court judges. Continue reading >>24 January 2025
One Step Further Towards Global Plutocracy
On his first day in office, US President Donald Trump signed dozens of Executive Orders on various issues. Among those receiving little public attention was the announcement of the US withdrawal from the OECD project on reforming global corporate taxation. This step, although expected, is a major setback for the only global plan aimed at increasing economic fairness that has any real chance of success. Continue reading >>
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22 January 2025
Trump and the Folklore of Capitalism
How can we make sense of the return of Donald Trump, who again convinced enough US voters of his populist bonafides? Populist authoritarianism has made inroads around the world. Only Trump’s version, however, probably brings together so much wealth and power, with super-rich business executives now at the helm. Here I tap a brilliant but neglected book, The Folklore of Capitalism (1937), by the legal scholar and New Deal trustbuster, Thurman Arnold (1891-1961), to understand this remarkable development. Folklore of Capitalism helps explain Trump’s wide appeal, despite the electorate’s disagreements with many of his policy preferences. Continue reading >>
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22 January 2025
On Peru’s Constitutional Crisis
Two hundred years after gaining independence, Peru finds itself in a state of political instability. Over the past six years, the country has had six different presidents — largely due to a persistent power struggle between the Legislative and Executive branches. The ongoing turmoil indicates that Peru finds itself in a constitutional crisis– a crisis that encompasses both the constitutional text, tainted by its authoritarian history, and the political constitution, understood as the actual form of government. Continue reading >>
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03 January 2025
Can the Rule of Law Be Restored by Violating Its Principles?
This post concerns one of the crucial problems of transitional constitutionalism after a period of democratic and rule of law backsliding: how to restore the principle of the rule of law? Are there circumstances when, during this restoration, the principles of the rule of law are allowed to be violated? For instance, when the violation of the rule of law was an important tool to exercise arbitrary power, as was the case before the 1989-1990 East-Central European democratic transitions? Continue reading >>
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23 December 2024
Blinded by Legality
The Venice Commission’s recent opinions on Poland’s judicial reforms have prioritized formal legality over substantive judicial independence. The Commission thereby effectively legitimizes the judiciary captured under the previous autocratic government. The Commission’s shift contrasts sharply with its own prior critiques and European court rulings, raising concerns that the Commission’s stance now shields autocracy under the guise of legality. Continue reading >>21 December 2024
Protecting Poland’s Public Media
In contrast to the slower-paced reforms in the judiciary, the new Polish government opted for swift and radical action in reforming public media during its first year. Political considerations often overshadowed strict adherence to the law in public media changes. However, public media showed improvement compared to their propagandist role under the previous administration. The media reform will be tested through its approach to revising legislation and following a constitutional procedure to appoint public media boards. Continue reading >>
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