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
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
“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
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
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.
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 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
The recent decision by Facebook and Twitter to deplatform former US President Trump after the January 6th Capitol Hill events has generated much public attention. However, social media bans as a form of digital punishment adopted by online platforms are not new. Today, the phenomenon of social media exclusion, arising when individuals are prevented from … Continue reading Social Media Bans: What Platforms Can Learn From National Courts, by Edoardo Celeste
As the popularity of populist movements in Western countries increased, so did the concern that fake news could be spread and then exploited for political purposes. The reaction of France and Germany was almost immediate: in addition to launching specific programmes aimed at verifying the reliability of the news circulating on the web, it was … Continue reading Italy’s fight against fake news: a work in progress, by Alberto Nicotina and Simone Riganelli
1. The disruptive effect of electoral disinformation The phenomenon of disinformation has become one of the most challenging and preoccupying problems for policy-makers, courts, and legal scholars. Dissemination of false information plays an important role in many elections. That is why various countries have adopted special measures that would limit the disruptive effect of these … Continue reading Electoral disinformation and summary judicial proceedings. Is the Polish experience relevant?, by Adam Krzywon
British Association of Comparative law 