Category: Judges and comparison

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.

Climate Change Litigation: Global Perspectives, by Ivano ALOGNA

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The title refers both to our presentation during the last BACL Annual Seminar and our newly published edited volume (I. Alogna, C. Bakker and J.-P. Gauci (eds), Climate Change Litigation: Global Perspectives, Brill, 2021). This research builds on an event (see its report) held at the British Institute of International and Comparative Law (BIICL) in … Continue reading Climate Change Litigation: Global Perspectives, by Ivano ALOGNA

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

Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

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REALaw (Review of European Administrative Law) warmly invites you to an online discussion on the edited collection Cases, materials and texts on judicial review of administrative action (Hart 2019) on 13rd July 2021, 2pm (Rome/Amsterdam time).   This casebook asked the question whether a ius commune of administrative law of judicial review was developing in Europe on the basis of … Continue reading Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

Civil Courts Coping with Covid-19, by Bart Krans and Anna Nylund

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Impact of the Covid-19 pandemic in civil courts - experiences in 23 countries Reports from 23 countries across the globe The unforeseen Covid-19 pandemic has propelled unprecedented transformations in civil proceedings. Numerous countries across the globe have faced and continue to face the question of how to enable courts to handle civil cases despite restrictions … Continue reading Civil Courts Coping with Covid-19, by Bart Krans and Anna Nylund

Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press 2021), edited by Rehan Abeyratne and Iddo Porat

Introduction This volume introduces and critically examines a new topic in comparative constitutional law: Towering Judges. The volume discusses nineteen judges of apex and constitutional courts from fourteen jurisdictions. Within their particular settings, each of these judges made a significant impact on the trajectory and development of constitutional law. These judges towered over their peers … Continue reading Towering Judges: A Comparative Study of Constitutional Judges (Cambridge University Press 2021), edited by Rehan Abeyratne and Iddo Porat

JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Since the beginning of 2019, a team of researchers based principally at the School of Law, University College Cork in Ireland with partners at the Università degli Studi di Firenze in Italy, the Universitea Titu Maiorescu, and INSOL Europe has been working on a project enquiring into judicial cooperation as it supports economic recovery in … Continue reading JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness, by Irene LYNCH FANNON and Jennifer L. L. GANT

Engagement Between Legal Orders in the Context of Socio-Economic Rights

Introductory Remarks The protection of socio-economic rights has been lagging behind the protection of civil and political rights at both the national and international levels for many years. This paradox has not been fully resolved yet, despite the relevance of socio-economic rights to the world today. Against this background, my research focuses on socio-economic rights, … Continue reading Engagement Between Legal Orders in the Context of Socio-Economic Rights

THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

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The juge des référés is, in principle, the judge of interim orders. As Art. L511-1 CJA (French administrative justice code) states, he ‘decides by means of measures which have a provisional character’. But this simple description does not give the full picture. There are decisions which are provisional – a stay of execution in a … Continue reading THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar

Why should comparative lawyers be interested in virtue, emotion and imagination? Is not the domain of law one structured by rules, governed by reason, with little, if any, room for anything as subjective and mysterious as emotion and imagination? Despite considerable research – philosophical and historical – in recent decades on emotion and imagination (and … Continue reading Virtue, Emotion and Imagination – and Comparative Law? – Amalia Amaya and Maksymilian Del Mar