The term methodology is conventionally defined as the set of principles that illuminate inquiry in a field. Scholars, moreover, seek to be parsimonious in discussing methodology. We prefer, however, to go back to the root of the term which lies in critically examining and re-examining the path that inquiry takes. Therefore, in the spirit of … Continue reading The Three Methodologies in Comparative Constitutional Theory (Edward Elgar 2018)
Seen from the outside the Nordic constitutional systems are often perceived as similar. The Nordic legal systems are in parts of literature even seen as a distinct legal family (Zweigert and Kötz (eds), Introduction to comparative Law, 3rd revised edn, OUP, 1998). However, does that really hold true at a closer look? In other words, … Continue reading Helle Krunke and Björg Thorarensen (eds.): The Nordic Constitutions. A Comparative and Contextual Analysis, Hart Studies in Comparative Public Law, Hart Publishing, 2018.
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. Many pivotal cases have been … Continue reading Angioletta Sperti, Constitutional Courts, Gay Rights and Sexual Orientation Equality, Oxford, Hart Publishing (hardback, 1st edition, 2017; paperback, 2019).
This book was designed to analyze and submit to critique an important phenomenon – authoritarian constitutionalism (AC). 15 authors submitted contributions that deal with AC as a phenomenon in its own right, not merely as a derivative or deficient form of liberal constitutionalism. As a result, historical, political-theoretical, cultural, economic, legal perspectives intersect, generate a … Continue reading Authoritarian Constitutionalism – Comparative Analysis and Critique. Eds: Helena Alviar García & Günter Frankenberg. Elgar Publishing 2019
The Centre for European Legal Studies (Cambridge) kindly sponsored a Comparative law workshop in honour of John Bell, who is retiring in September 2019. The workshop, which was organised by Dr Turenne, was a small gathering of colleagues and former students from Australia, Chile, France, the Netherlands, the USA in addition to colleagues and former … Continue reading Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell
Comparative constitutional law is a thriving field of scholarship, with an increasing presence on Law School curricula across the world. The Cambridge Companion to Comparative Constitutional Law thereby seeks to provide readers with a detailed introduction to central topics and themes in comparative constitutional law. How can one go about that? The ‘objects’ of comparative … Continue reading The Cambridge Companion to Comparative Constitutional Law – R. Masterman and R. Schütze (eds), 2019
Last November, New Caledonia rejected, albeit with a less than expected majority (at 56.7% of the vote), the possibility of becoming a sovereign nation. The indication of a leaning towards secession was confirmed in the last elections in which loyalist political parties held on to a two-seat majority in the New Caledonian Congress. External observers … Continue reading Vito Breda – The New Caledonia 2018 Referendum: Crisis in Consociative Democracies Redux
Unlike breach, withdrawal from an international treaty is in principle a lawful act. Article 54 of the Vienna Convention on the Law of the Treaties allows a State to withdraw from a treaty either in conformity with the relevant provisions or by consent of all parties. In that sense, Article 50 TEU that provides for … Continue reading Brexit as a secession
Why are federal and regional systems looked at with increasing interest? What are their objectives? How do these systems look like in times of globalization and supranational integration? How are powers divided legally and exercised in practice? How do courts interpret intergovernmental relations? Which are the lessons to be learned and applied by practitioners, policy-makers … Continue reading Why Federalism Matters – Francesco Palermo and Karl Kössler, Comparative Federalism Concepts and Case Law, Oxford, Hart, 2017, 478 pp.
Last November, the Spanish Public Prosecutor’s Office announced that it would ask for long-term prison sentences for the Catalonian politicians who organised and supported the illegal referendum on the 1st of October 2017. The criminal prosecution of political leaders who acted with a clear electoral mandate is worrying for all those who perceive that the … Continue reading Catalonian Independence: Unbounding a Blood and Belonging Constitutional System