The juge des référés is, in principle, the judge of interim orders. As Art. L511-1 CJA (French administrative justice code) states, he ‘decides by means of measures which have a provisional character’. But this simple description does not give the full picture. There are decisions which are provisional – a stay of execution in a … Continue reading THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19
The threat posed by the coronavirus crisis is a holistic one – and so must be the response to it. Covid-19 prevention and control thus should be undertaken by all levels of government: not only national and international, but also subnational local units. Even the People’s Republic of China (PRC), the world’s largest centralist and … Continue reading Covid-19 and the Risks of Decentralisation:Crisis Management as Central-Local Risk Management in China
Coronavirus – Covid-19 Constitutional, political and social threats and challenges in France and the United Kingdom Hosted by: Panthéon-Assas University (Paris – France) on 27 May 2021 & Centre for British Politics and Government, King’s College (London – UK) on 10 June 2021 Co-organised by Aurélien Antoine (Jean-Monnet St Étienne University/Lyon University), Andrew Blick (King’s … Continue reading International and pluri-disciplinary symposium
Federal systems divide power between a federal government and subsidiary state governments. One of the animating purposes of dividing power in this way is to protect individual liberty against the risk of tyranny and authoritarianism that necessarily attends the creation of a new State. In theory, it is the rivalry between federal and state governments … Continue reading Divided We Fall? – Division and Coordination in Federal Systems During a Time of Crisis
Proportionality is one of the most important global constitutional principles of our time, yet there has been nearly no systematic research on the actual application of the doctrine in judicial practice. The research angle of most publications on proportionality is normative in nature, evaluating the virtues and vices of the doctrine as the framework for … Continue reading Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice (Cambridge University Press 2020)
Sound of Silence in European Administrative Law attempts for the first time to engage in a comparative assessment of the different models employed in order to tackle the administrative silence in administrative law. The comparative work is the first on this theme to tackle both the legal aspects and some empirical evidence of how the … Continue reading D. Dragos et al., The Sound of Silence in European Administrative Law (Palgrave Macmillan 2020)
As we endure the lockdown during the transit of one of the glories of the world (the virus), perhaps it is appropriate -- some may think differently of course (and so trigger warning or caveat lector) -- to consider films that reflect our current predicament. There are several of which Contagion (2011) must be the … Continue reading SIC TRANSIT GLORIA MUNDI?
On insights gained after writing The Criminal Justice system of the Netherlands: Organization, substantive criminal law, criminal procedure and sanctions (Piet Hein van Kempen, Maartje Krabbe & Sven Brinkhoff (eds.), Antwerp/Cambridge: Intersentia, 2019) Intro In the last days of 2019 The Criminal Justice System of the Netherlands: Organization, substantive criminal law, criminal procedure and sanctions … Continue reading How to write a book on one’s own legal system for the purposes of comparative law?
Guillaume Tusseau is currently professor at Sciences Po Law School, a member of the Institut universitaire de France and a former member of the High Council of the Judiciary. His main fields of expertise, in which he both lectures and publishes extensively, are Legal philosophy, Constitutional law, and Comparative Law. Among his most recent publications … Continue reading Debating Legal Pluralism and Constitutionalism in the Global Age
The current covid-19 pandemic is bringing into sharp focus two key questions at the core of comparative law research: first, globalisation and how increasing and intense are our political, social, cultural and economic interactions with countries, public and private organisations and fellow humans across the world; secondly, the distinctiveness of national reactions to this shared … Continue reading Covid-19 in comparative perspective – CALL FOR BLOG CONTRIBUTIONS