Proportionality in Asia (Cambridge University Press 2020), edited by Po Jen Yap

In the 21st century, the Proportionality Analysis (PA)—in its varied manifestations and permutations—has emerged as the most ubiquitous legal doctrine relied upon by judges in rights-adjudication.  Typically, when applying PA, the judiciary would ensure that (i) the State is pursuing a legitimate objective; (ii) the governmental measure undertaken is rationally connected to the stipulated policy … Continue reading Proportionality in Asia (Cambridge University Press 2020), edited by Po Jen Yap

JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Since the beginning of 2019, a team of researchers based principally at the School of Law, University College Cork in Ireland with partners at the Università degli Studi di Firenze in Italy, the Universitea Titu Maiorescu, and INSOL Europe has been working on a project enquiring into judicial cooperation as it supports economic recovery in … Continue reading JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Collective bargaining in transition – a renewed role for legal comparison, by Ulla Liukkunen

Comparative law has been a notably neglected discipline in the field of labour law. The explanation appears to lie in the highlighted domestic nature of labour law but also in difficulties presented by entering into a foreign domain through comparative efforts. In the field of collective labour law, particular difficulties relate to paying heed to … Continue reading Collective bargaining in transition – a renewed role for legal comparison, by Ulla Liukkunen

Serial Health Risks and Civil Liability: A Comparative Study of French and English Law, by Emmanuelle Lemaire

Abstract Serial health risks are increasing in occurrence and have the capacity to affect large numbers of people living in different countries. Thalidomide, contaminated blood, Diethylstilboestrol (DES), asbestos and Bovine Spongiform Encephalitis (BSE) are among some of the most well-known examples of serial health risks damaging human lives, but the recent Covid-19 outbreak reminds us … Continue reading Serial Health Risks and Civil Liability: A Comparative Study of French and English Law, by Emmanuelle Lemaire

Facing the Covid-19 in France: the renewal of the state of emergency, by Estelle Chambas

The Covid-19 crisis put national legal orders under stress by its new dimension as a pandemic. If some countries had already faced similar health crises in their recent history, this was not the case of France. This can explain why this country enacted hectic measures which, for some of them, were completely contradictory: the Government … Continue reading Facing the Covid-19 in France: the renewal of the state of emergency, by Estelle Chambas

Performing Contracts in COVID-19 Times in England and in France: Different Responses, Same Result?, by Catherine Pedamon and Radosveta Vassileva

Global leaders have compared the economic turmoil caused by the COVID-19 health emergency to the reverberations of World War II (WWII). French President Emmanuel Macron even publicly declared, from the onset of the pandemic, that France was ‘at war’. Unsurprisingly, governments introduced various measures to limit the effects of the pandemic and to provide a … Continue reading Performing Contracts in COVID-19 Times in England and in France: Different Responses, Same Result?, by Catherine Pedamon and Radosveta Vassileva

CALL FOR BLOG POSTS – REGULATION OF FAKE NEWS AND ITS ENFORCEMENT

The British Association of Comparative Law (BACL) invites submissions for its blog on the theme “The regulation of fake news and its enforcement” (click here for BACL blog). Fake news has been brought to prominent attention with recent election campaigns such as the presidential electoral campaign in the USA in 2016 and again in 2020, … Continue reading CALL FOR BLOG POSTS – REGULATION OF FAKE NEWS AND ITS ENFORCEMENT

“No Taxation without Representation” – Reflections over democratic disparities associated to globally mobile taxpayers by Yvette Lind

Ongoing globalization and increased taxpayer mobility not only exacerbate current inadequacies when allocating taxing rights but also intensify already existing (harmful) tax competition between states as individual states have begun to use formal citizenship as a tax incentive when attracting more affluent taxpayers such as high-income earners, highly skilled workers and high-net value individuals. This … Continue reading “No Taxation without Representation” – Reflections over democratic disparities associated to globally mobile taxpayers by Yvette Lind

New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

Good Administration and the Council of Europe: Law, Principles and Effectiveness is about the effectiveness of the pan-European principles of good administration. For the first time, the notion of good administration was researched within a normative framework that largely slips under the radar in the current European legal scholarship; namely, in the Council of Europe’s … Continue reading New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

Discussion around Myriam Hunter-Henin’s book: Why Religious Freedom Matters for Democracy. Comparative Reflections from Britain and France for a Democratic vivre ensemble, Hart, Comparative Public Law Series, 2020

The event, organised by Dr Yseult Marique (Essex University) under the auspices of the British Association of Comparative Law, was presented by Dr Sophie Turenne (Cambridge University), Chair of BACL, and chaired by Dr Uta Staiger (European Institute, UCL). Following a brief presentation of the motivation behind the book and its main argument by the … Continue reading Discussion around Myriam Hunter-Henin’s book: Why Religious Freedom Matters for Democracy. Comparative Reflections from Britain and France for a Democratic vivre ensemble, Hart, Comparative Public Law Series, 2020