Comparative Constitutional Studies – A new international journal

The Centre for Comparative Constitutional Studies at Melbourne Law School is proud to announce the launch of Comparative Constitutional Studies (‘CCS’), a new peer reviewed international journal of comparative constitutional law published by Edward Elgar Publishing. Who are we? CCS is edited by Adrienne Stone and Lael Weis (General Editors), Erika Arban (Comments Editor) and … Continue reading Comparative Constitutional Studies – A new international journal

Social Rights and the Constitutional Moment: Learning from Chile and International Experiences (Hart 2022), edited by Koldo Casla, Magdalena Sepúlveda, Vicente Silva and Valentina Contreras

In the 1990s, Bruce Ackerman defined ‘constitutional moments’ as historic milestones of intense deliberation and change in a country’s politics, change that reflects in the country’s constitutional settlement. Since October 2019, Chile has been going through its own constitutional moment, a moment that began with popular resistance against rising public transport fees in the capital Santiago. Social Rights and … Continue reading Social Rights and the Constitutional Moment: Learning from Chile and International Experiences (Hart 2022), edited by Koldo Casla, Magdalena Sepúlveda, Vicente Silva and Valentina Contreras

Outsourcing Rulemaking Powers, by C Jenart

Introduction Imagine a statute that confers powers on an independent regulator to decide on technicalities related to electricity and gas. Imagine a statute or statutory instrument that incorporates articles of a code against doping in sports developed by a privately notarized Swiss organization (World Anti-Doping Agency). Imagine, finally, a labour rule that was made by … Continue reading Outsourcing Rulemaking Powers, by C Jenart

Academic Global Trotters: Comparison of the Italian and French Public Law Academics in the UK, by Marie-Claire Ponthoreau

The United Kingdom is a land of welcome for European academics and this is also true for public law specialists. But for how much longer? Among those who have settled here, some are choosing to leave the UK since the Brexit. It is not necessarily a question of returning to their country of birth. My … Continue reading Academic Global Trotters: Comparison of the Italian and French Public Law Academics in the UK, by Marie-Claire Ponthoreau

Judicial Law-Making in European Constitutional Courts (Routledge 2020), edited by Monika Florczak-Wątor

Research aims and hypothesis Constitutional courts determine the shape of the legal order, not only by derogating unconstitutional norms but also by modifying and supplementing those norms that remain as part of the legal order after being declared constitutional or partially unconstitutional. The latter applies to cases where the provisions are not contested in their … Continue reading Judicial Law-Making in European Constitutional Courts (Routledge 2020), edited by Monika Florczak-Wątor

Droit(s) constitutionnel(s) comparé(s) (2n edn Economica 2021), by Marie-Claire Ponthoreau

“Comparative constitutional law" is a difficult subject to grasp. Such a statement may surprise or even confuse readers, especially students. The new edition of Droit(s) constitutionnel(s) comparé(s) sets to unpack this difficult subject. Why such a statement? Because "constitutional law" refers not only to the body of positive law rules that have a power within the legal … Continue reading Droit(s) constitutionnel(s) comparé(s) (2n edn Economica 2021), by Marie-Claire Ponthoreau

Constitutional change in the contemporary socialist world, by Bui Ngoc Son

The Socialist World in Comparative Constitutional Law The collapse of the Soviet bloc in the late twentieth century, which precipitated a massive transition from communism into constitutional democracy in Europe, is one of the most important catalysts of the revival of comparative constitutional law. Scant attention among constitutional comparatists, however, has been given to the … Continue reading Constitutional change in the contemporary socialist world, by Bui Ngoc Son

Guillaume Tusseau, Contentieux constitutionnel comparé. Une introduction critique au droit processuel constitutionnel, Paris La Défense, Lextenso, 2021, 1452 p.

In the last few months, several constitutional judges have made the headlines. Among others, the German Federal Constitutional Court has opposed the European Central Bank’s Public Sector Purchase Programme, leading the European Commission to issue a formal notice to Germany for breaching fundamental EU law principles. The Brazilian Supreme Federal Tribunal has annulled former President … Continue reading Guillaume Tusseau, Contentieux constitutionnel comparé. Une introduction critique au droit processuel constitutionnel, Paris La Défense, Lextenso, 2021, 1452 p.

A comparative study of the right to freedom of thought in the context of emerging technologies, by Bethany Shiner and Patrick O’Callaghan

This blog post is based on a comparative study of the right to freedom of thought co-edited by the authors and published in a double special issue of the European Journal of Comparative Law and Governance. The blog post draws in particular on the introduction to the special issue and the article on the right to freedom of thought in the … Continue reading A comparative study of the right to freedom of thought in the context of emerging technologies, by Bethany Shiner and Patrick O’Callaghan

Social Media, Fundamental Rights and Courts in Europe, by Evangelia Psychogiopoulou and Federica Casarosa

Social media has become the means of communication of our time: it is the means through which online users interact, express their opinions, get information and even find jobs. Social media has been mostly praised for its role in enhancing free speech and the freedom to exchange views and ideas by providing for a forum … Continue reading Social Media, Fundamental Rights and Courts in Europe, by Evangelia Psychogiopoulou and Federica Casarosa