Category: Comparative constitutional law

Electoral disinformation and summary judicial proceedings. Is the Polish experience relevant?, by Adam Krzywon

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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

Lesson from Thailand: When the regulatory response to fake news is misunderstood as a problem of illegal content, by Pattamon Anansaringkarn

Since the US presidential election in 2016, fake news has become a pressing issue on the agenda of governments around the world. As a threshold issue, however, the question must be addressed of whether the state should take steps in regulating fake news and if so, what kind of regulatory regime would be most appropriate. … Continue reading Lesson from Thailand: When the regulatory response to fake news is misunderstood as a problem of illegal content, by Pattamon Anansaringkarn

On the power of Big Tech to shape politics and culture, and its ethical problems

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Introduction Fake news on the internet and how to counter it, has been a frequently debated subject in the past years. Most governments’ strategies involve cooperation with social media platforms to stop fake news and disinformation. It is not always clear what this cooperation entails, given that the specific algorithms that social media platforms use … Continue reading On the power of Big Tech to shape politics and culture, and its ethical problems

Freedom of religion during the pandemic: France and Belgium in search of consistency, by Romain Mertens

Since the Coronavirus pandemic outbreak in 2020, States have adopted stringent measures to curb the virus’s propagation. These measures include limitations of freedom of religion. On request of Governments, churches, mosques and synagogues ceased to hold ceremonies or limited the number of believers allowed. While the judicial procedures raised by the British Government’s guidance were rejected, the … Continue reading Freedom of religion during the pandemic: France and Belgium in search of consistency, by Romain Mertens

Misunderstanding Misinformation: why most ‘fake news’ regulation is doomed to failure, by Paul Bernal

The regulation of fake news has been fraught with problems from the outset – and it is likely to remain so for the foreseeable future. There are a number of reasons for this, some connected with the nature of the internet and of social media in particular, some with the political climate around the world, … Continue reading Misunderstanding Misinformation: why most ‘fake news’ regulation is doomed to failure, by Paul Bernal

The Regulation of Hate Speech Online and its Enforcement in a Comparative Perspective

Call for Papers for the British Association of Comparative Law’s Annual Seminar Regulators around the world are grappling with the problem of hate speech online. Definitions of hate speech, the appropriate balance between regulation and freedom of expression, and the mode of regulation adopted, vary considerably across jurisdictions with distinct media and socio-political environments. The … Continue reading The Regulation of Hate Speech Online and its Enforcement in a Comparative Perspective

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

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

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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

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

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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