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
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
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)
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
The Covid-19 crisis has turned our lives inside out. It has had a profound effect on the way we, as individuals, interact with one another and with members of our communities, and, as citizens, act in society. The crisis has also greatly impacted the way our institutions and government function. A string of emergency legislations … Continue reading Legal Actions against the State: Comparative Perspectives with reference to Ireland and France
The COVID-19 pandemic raises a crucial question for federal systems: how can the government respond quickly and coordinated if powers are spread across different levels? The question becomes even more urgent in divided states with disintegrative dynamics. Such systems easily turn into what Requejo calls ‘distrust federalism’. The fundamental distrust between the entities raises extra … Continue reading Centralized crisis management in disintegrative federations: COVID-19 policy in Belgium
Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex … Continue reading Myriam Hunter-Henin – Why Religious Freedom Matters for Democracy – Comparative Reflections from Britain and France for a Democratic “Vivre Ensemble” (Hart Publishing, Hart Studies in Comparative Public Law, 2020)
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
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)
