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I·CONnect

Blog of the International Journal of Constitutional Law

Sudan’s Constitutional Charter is a Ray of Hope but Tough Times Lie Ahead

–Waikwa Wanyoike, Strategic Litigation Director, Open Society Justice Initiative – London

On August 4, 2019, an historic agreement was signed in Sudan between the Forces of Freedom and Change (FFC) and the Military Transition Council (MTC). The FFC is the revolutionary group that triggered the removal of the long-term autocratic leader Ahmad Al Bashir. The MTC had quickly taken over after the fall of Al Bashir, however the FFC and other civilian groups rejected MTC. This resulted in the death of at least 128 civilians involved in protests by the paramilitary forces on June 3, 2019. The outcry from this tragedy saw the military forces agree to a negotiation and a power sharing deal signed on July 17, 2019.

What was unveiled on August 4th is the Constitutional Charter for the 2019 transition period. This is a key document to Sudan’s future. Though completed within a short time, it is impressively elaborate. It spells out the significant rules that will govern the transition. It is also fundamental for another reason: it replaces the prior 2005 Transitional Constitution of Sudan as well as those of the provinces, and becomes the guiding legal text through which Sudan will be governed for the next 39 months, the stipulated transition period.

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Published on August 13, 2019
Author:          Filed under: Analysis
 

What’s New in Public Law

Chiara Graziani, Ph.D. Candidate and Research Fellow in Constitutional Law, University of Genoa, Italy

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of India held that the right to privacy is not absolute.
  2. The Supreme Court of Puerto Rico will hear an appeal regarding the legitimacy of the de facto Governor Pedro R. Pierluisi.
  3. The Supreme Court of Kenia dismissed a petition aimed to nullify the Governor’s election.
  4. The Supreme Court of Brazil rejected a request for the extradition of an opponent of the Turkish President Erdogan.
  5. The Supreme Court of India will hear a case involving allegations of rape against a politician.
  6. The High Court of Australia upheld the dismissal of a public servant over tweets criticizing government immigration policy.
  7. The U.S. Supreme Court was asked to determine whether or not the Americans with Disabilities Act applies to the Internet and apps.
  8. The U.S. Supreme Court will hear a case on 1998 bombings of the U.S. embassy in Tanzania and Kenia.
  9. The Supreme Court of the Philippines was asked to review a decision dismissing a plea brought by the National Union of People’s Lawyers.
  10. The European Court of Justice held that a website featuring a Facebook “Like” button can be a controller, jointly with Facebook, in respect to personal data of the website’s visitors.
  11. The Constitutional Court of Turkey held that the government’s failure to enable the election of a new Armenian patriarch pursuant to Turkish-Armenian tradition and religious requirements constituted a violation of religious freedom.

In the News

  1. Sudanese rival parties signed a constitutional declaration for the transition to civilian rule.
  2. A group of UK MPs started a legal action aimed at preventing Boris Johnson from forcing the Parliament through a no-deal Brexit.
  3. Alabama’s system of election for appellate court was challenged before a federal judge.
  4. A U.S. appeals court ruled on Google’s class-action settlement on the use of cookies and referred the case back to a lower court.
  5. The Republican Party and President Donald Trump sued the government of California over a new law requiring candidates for the U.S. presidency to release their income tax return.
  6. New Zealand plans a reform to decriminalize abortion.
  7. The Federal Bureau of Investigation said they will open a domestic terrorism investigation into the Gilroy Garlic Festival shooting that left three people dead.
  8. The Indian President signed a decree revoking Kashmir’s special status.
  9. A Turkish court imposed access block on new portals and social media.
  10. The Indian Parliament passed a bill to increase the number of Supreme Court judges.

New Scholarship

  1. Ronald T.P. Alcala, Eric Talbot Jensen (eds.), The Impact of Emerging Technologies on the Law of Armed Conflict (2019 forthcoming) (addressing the use of cutting-edge technology, such as cyber capabilities, autonomous weapons and artificial intelligence, in conflict operations)
  2. Alexander Brown, Adriana Sinclair, The Politics of Hate Speech Law (2019 forthcoming) (assessing how the political framework impacts on the definition of hate speech and the way to deal with it)
  3. Graham Butler, An Interim Post-Mortem: Specialised Courts in the EU Judicial Architecture after the Civil Service Tribunal, International Organizations Law Review (2019) (analysing the reform of the Court of Justice of the European Union, the role of the First Advocate General, the review procedure “le réexamen,” and the potential for certiorari in EU law)
  4. Stephen Coutts, Citizenship, Crime and Community in the European Union (2019) (addressing the interaction between European Union citizenship and criminal law)
  5. Charles Gardner Geyh, Who Is to Judge (2019) (engaging in the debate on judge selection in America)
  6. Benjamin J. Goold, Liora Lazarus (eds.), Security and Human Rights (2019) (collecting essays from leading academics and practitioners in several fields of law, shedding light on the challenging relationship between security and rights)
  7. Robert Kolb, International Law on the Maintenance of Peace. Jus Contra Bellum (2019) (studying the maintenance of peace in international relations from different perspectives)
  8. Stephen Meili, Constitutionalized Human Rights Law in Mexico: Hope for Central American Refugees?, Harvard Human Rights Journal (2019) (analysing the recent amendment to the Mexican Constitution introducing the right to asylum and discussing its practical effect on the protection of refugees)
  9. Vincenzo Ruggiero (ed.), Organized Crime and Terrorist Networks (2019) (exploring the close relationship between organized crime and terrorism)
  10. Martin Scheinin (ed.), Human Rights Norms in ‘Other’ International Courts (2019) (examining how international courts other than human rights courts deal with human rights norms)
  11. Nimer Sultany, What Good is Abstraction? From Liberal Legitimacy to Social Justice, Buffalo Law Review (2019) (arguing that political liberalism’s abstraction creates a gap between liberalism’s institutional commitments to legitimacy and its theoretical aspirations to justice)
  12. Elizabeth Stubbins Bates, Distorted Terminology: The UK’s Closure of Investigations into Alleged Torture and Inhumane Treatment in Iraq, International and Comparative Law Quarterly 3 (2019) (examining the closure of investigations into alleged ill-treatment of detainees by British troops in Iraq from the perspective of international humanitarian, human rights, and criminal law)

Call for Papers and Announcements

  1. The International Forum on the Future of Constitutionalism invites submissions for its conference on “Constitution-Making and Constitutional Change” to be held at the University of Texas Law School on January 17-18, 2020. The deadline for submissions is September 1, 2019.
  2. The Melbourne Institute of Comparative Constitutional Law calls for applications for its Young Scholars Forum, to be held in Melbourne on December 9-11, 2019. The deadline for submissions is August 11, 2019.
  3. The British Institute of International and Comparative Law is recruiting a research fellow in environmental and climate change law. Applications close on August 18, 2019.
  4. The London School of Economics and Political Science invites submissions of abstracts for the conference “State Accountability under Private, Public, and International Law”, which will be held in London on November 9, 2019. The deadline to send abstracts is August 30, 2019.
  5. The University of Oslo calls for applications for Ph.D. fellowships at the Faculty of Law. The deadline to apply is September 1, 2019.
  6. The University of Strasbourg invites submissions for fellowships in comparative law. Applications must be sent no later than September 10, 2019.
  7. The Younger Comparativists Committee of the American Society of Comparative Law calls for applications for its Scholarship Exchange Program. The deadline is September 15, 2019.
  8. The European Society of International Law sponsors the Conference “The Future of Europe as a Place of Refuge”, taking place in Prague, Charles University, on December 5-6, 2019. Submissions must be sent no later than September 15, 2019.
  9. The first issue of “NAD. Nuovi Autoritarismi e Democrazie” is now available. The journal welcomes submissions for its 2/2019 issue. The deadline is October 15, 2019.
  10. The Younger Comparativists Committee of the American Society of Public Law invites submissions for its workshop on comparative business and financial law, to be held in Akron, Ohio, on February 7-8, 2020. The deadline to submit applications is October 25, 2019.
  11. The Society of Legal Scholars organizes the Conference “Central Questions about Law,” to be held in Preston, at the University of Central Lancashire, on September 3-6, 2019.
  12. The IACL-AIDC roundtable will take place in Cusco, Peru, on October 24-26, 2019.
  13. A new IACL research group on “New Frontiers of Federalism” was established.

Elsewhere Online

  1. Karen Allen, Terrorism and organised crime: risks of shared responses, Institute for Security Studies
  2. Anna-Maria Andreeva, The changing nature of courtroom evidence, Asser Today
  3. Alden Fletcher, Is the Threat of ‘Fake Science’ Real?, Lawfare
  4. Bruce Hoffman, The Domestic U.S. Terror Threat: What to Know, Council on Foreign Relations
  5. Johanna Jacobsson, The Temporary Movement of Service Sector Workers After Brexit, DCU Brexit Institute Blog
  6. Tomasz Tadeusz Koncewicz, On the Rule of Law Turn on Kirchberg – Part II: How the Court of Justice is Spelling out the Constitution’s Unwritten Understanding(s), Verfassungsblog
  7. Katrina Mulligan, Trump’s DNI Pick Would Brief Dem Nominee Ahead of 2020, Just Security
  8. Fionnuala Ní Aoláin, The Massive Perils of the Latest U.N. Resolution on Terrorism, Just Security
  9. Meg Russell, Robert Hazell, Can Boris Johnson ignore parliament and force a no deal Brexit?, Constitution Unit
  10. Adam Smith, The “long arm” of the police: how “confidential” are family proceedings? UK Human Rights Blof
  11. Eva van Vugt, Reforming the Dutch Constitution to ensure ‘Future Readiness’ of its Democracy, Constitutionnet
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Published on August 12, 2019
Author:          Filed under: Developments
 

New Appointment to the Supreme Court of Denmark

Simon Drugda, PhD Candidate at the University of Copenhagen

The Supreme Court (SC) of Denmark will have a new judge. The Judicial Appointments Council (JAC) has recommended Ombudsman Jørgen Steen Sørensen for the position late in June. The appointment is not final, however, as Sørensen must first prove his merit by voting with the SC in four “trial” cases. After the quota, SC judges will have a choice to confirm Sørensen to the position.

In this contribution, I examine the procedure for appointment of SC judges in Denmark, which has several interesting features. All Danish judges, except for the SC President, are appointed by the Minister of Justice, on the recommendation of JAC, in on an open call for applications. However, the SC has a decisive influence over the appointment of its own judges: due to 1) the informal pre-selection that precedes Council recommendation; 2) the composition of the JAC; 3) and the practice of trial-vote.

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Published on August 9, 2019
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The Death Penalty in Sri Lanka: Hanging by a Thread

–Mario Gomez, Executive Director, International Centre for Ethnic Studies, Sri Lanka

In December 2018, the United Nations General Assembly (GA) voted overwhelmingly once again, for a universal moratorium on the use of the death penalty.[1] 121 countries voted in favour, 35 voted against, and 32 abstained. This resolution was a sequel to several previous GA resolutions going back to 2007, where the world body had voted to enforce a moratorium against the death penalty. Sri Lanka voted in favour in 2016 and 2018, having previously abstained.[2]

The GA resolution called on states to ‘establish a moratorium on executions with a view to abolishing the death penalty’[3] and to ratify the Second Optional Protocol to the ICCPR that seeks to abolish the death penalty. The 2018 resolution pressed states that have abolished the death penalty not to reintroduce it and encouraged states which have a moratorium to maintain it.[4]  It also called on states to ensure that those facing the death penalty can exercise their right to apply for pardon or commutation of their death sentence using fair and transparent procedures.[5] 

Sri Lanka and the Death Penalty

The death penalty remains a part of the Sri Lankan legal regime: trial courts are required to impose it for convictions of murder, and it can be imposed in the case of drug related offences.[6] However, the country’s last execution was in 1976 and successive Presidents since then, have refrained from implementing it or commuted the sentence to life imprisonment.

Around June 2018, President Maithripala Sirisena announced that he proposed to revive the death penalty for those convicted of drug-related offences.

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Published on August 8, 2019
Author:          Filed under: Developments
 

Book Review: Phillip Paiement on “Globalisation and Governance: International Problems, European Solutions” (Robert Schütze ed.)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Phillip Paiement reviews Globalisation and Governance: International Problems, European Solutions (Robert Schütze ed., Cambridge 2018).]


–Phillip Paiement, Tilburg Law School

Which institutional architectures are best suited to govern the social and economic globalizations of the 21st Century? Have the 20th Century ambitions to realize universal internationalism given way to a need for the more pragmatic approach of regional supranationalism? The sixteen substantive contributions in this compilation tackle the ‘big questions’ of global governance, one might say. In his introduction, Schütze lays out the following collective thesis of the contributions:

“[W]hen contrasting internationalism with supranationalism, the ‘formal’ and ‘substantive’ tools offered by the latter to ‘govern’ collective transnational problems are distinctly firmer and sharper; and the contemporary solutions for global ‘governance’ problems therefore should lie–at least in the immediate future–beyond the nation state” (4).

In reality, the contributions, organized into the ‘normative foundations’ and ‘substantive challenges’ of, first, international and, then, European governance, offer a more comprehensively positive review of both universal internationalism and regional supranationalism (à la EU) than the thesis would suggest.

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Published on August 7, 2019
Author:          Filed under: Reviews
 

Book Review: Andrea Scoseria Katz on “Constitutional Democracy in Crisis?” (Mark A. Graber et al., eds.)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Andrea Scoseria Katz reviews Constitutional Democracy in Crisis? (Mark A. Graber, Sanford Levinson & Mark Tushnet, eds., Oxford 2018).]


Is Constitutional Democracy in Crisis? Well, That Depends on How You Define “Constitutional,” “Democracy,” and “Crisis”

–Andrea Scoseria Katz, Samuel I. Golieb Fellow in Legal History, New York University School of Law

Let’s start with the obvious: a book of 700 pages containing 38 essays of varying approach and ambition risks incoherence. It is not entirely unfair to accuse Constitutional Democracy in Crisis? (Mark Graber, Sanford Levinson & Mark Tushnet eds., 2018), a formidable, well-conceived and well-written volume, of this failing. One feels the editors could have pushed the theory-building enterprise further.

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Published on August 6, 2019
Author:          Filed under: Reviews
 

What’s New in Public Law

–Mohamed Abdelaal, Assistant Professor, Alexandria University Faculty of Law

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of Canada ruled that military members have no constitutional right for a civilian trial.
  2. The Constitutional Court of Turkey ruled that academics’ right to freedom of expression was violated by charging them with terror offences.
  3. The Constitutional Court of Turkey declared the ban on peaceful protest under emergency rule unconstitutional.
  4. The Supreme Court of the United Kingdom ruled that the public should be granted access to court documents.
  5. The Constitutional Court of Romania declared a recent amendment to the criminal code unconstitutional.
  6. The High Court of Kenya declared parts of the Information Communication Act unconstitutional.
  7. The German Constitutional Court ruled that the European Central Bank’s supervision powers are consistent with the Constitution.

In the News

  1. The Parliament of India approved a bill to amend the Right to Information Act of 2005.
  2. The President of Peru urges early elections to end the institutional crisis.
  3. The Supreme Court of Pakistan constituted a new bench to determine the exact duration of a life sentence.
  4. The Indian Medical Association (IMA) has called for a strike to protest a proposed bill allowing non-doctors to practice medicine.
  5. The State of New York decriminalizes marijuana use.

New Scholarship

  1. The Estudios de Deusto is pleased to announce its special symposium issue on “Exploring Inter-Order Territories: An application of Carrozza’s teaching to new topics.”
  2. The issue of the Rivista di Diritti Comparati is now available.
  3. Jeremy D. Bailey, The Idea of Presidential Representation: An Intellectual and Political History (2019) (providing the history and context for a better understanding of presidential representation in the US)
  4. Nicholas Petrie, Indications of Inconsistency (2019) (arguing that across the common law world there appears to be an increase in a remedial outcome that the author calls “indications of inconsistency,” and that this is normatively concerning)
  5. Ingrid B. Wuerth, The Due Process and Other Constitutional Rights of Foreign Nations, Fordham Law Review (forthcoming 2019) (examining the US Constitution from the perspective of foreign states and providing a broad rethinking of the original understanding of judicial jurisdiction)
  6. John C. Harrison, Executive Power (2019) (introducing a new conceptualization of the executive power conferred by Article II of the US Constitution).
  7. Jacco Bomhoff, Constitutionalism and Mobility: Expulsion and Escape Among Partial Constitutional Orders (2019) (discussing the concept of mobility as one of many pressing challenges for contemporary constitutionalism)
  8. Werner Menski, Public Participation in African Constitutionalism (Book Review), 22 Potchefstroom Electronic Law Journal (2019) (arguing that public participation in constitution-making matters for cultivating responsible governance and for fine-tuning justice, focused on immensely rich African evidence within a broader comparative constitutional law context)
  9. Ngoc Son BUI, Social Movements and Constitutionalism in Japan, South Korea, and Taiwan, 1 Asian Journal of Comparative Law (2019) (arguing that a more nuanced account of constitutionalism in East Asia must be situated within the engagement of social movements in discursive venues for a formal and informal constitutional change)
  10. Graham Butler, The EU Flexibility Clause is Dead, Long Live the EU Flexibility Clause, in Antonina Bakardjieva Engelbrekt and Xavier Groussot (eds), The Future of Europe: Political and Legal Integration Beyond Brexit (2019) (analyzing the EU’s flexibility clause – Article 352 TFEU)
  11. Jenna Sapiano and Beverley Baines, Feminist Curiosity about International Constitutional Law and Global Constitutionalism, Journal of the Oxford Centre for Socio-Legal Studies (2019) (exploring the importance of constructive exchanges between and among international constitutional law and global constitutionalism)
  12. Jenna Sapiano, Peace Settlements and Human Rights, in Mark Retter, Andrea Varga and Marc Weller (eds.) International Law and Peace Settlements (forthcoming 2020) (arguing that since neither peace nor human rights are absolute, it is possible to weigh the two against each other)

Call for Papers and Announcements

  1. Democratic Decay & Renewal (DEM-DEC) issued its twelfth Global Research Update on democratic decay (July 2019), containing new research worldwide from June-late July 2019; items suggested by DEM-DEC users; a rapidly expanding list of forthcoming research; and a list of new resources added to the Links section. A post introducing the Update will be published on the IACL-AIDC Blog on Friday August 2, and will shortly be published on Verfassungsblog.
  2. The International Forum on the Future of Constitutionalism invites submissions for its conference on “Constitution-Making and Constitutional Change” to be held at the University of Texas Law School on January 17-18, 2020. The deadline for submissions is September 1, 2019.
  3. The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) solicits nominations, including self-nominations, for the annual Richard M. Buxbaum Prize for Teaching in Comparative Law. Early stage scholars in a tenure-track position at an ASCL Member Institution are eligible to apply. Nominations should be made by September 1, 2019.
  4. The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) invites submissions from emerging scholars for a panel at the ASCL’s annual meeting to be held at the University of Missouri Law School in Columbia, Missouri, on October 17-19, 2019. The deadline for submissions is August 10, 2019.
  5. The West Virginia Law Review invites submissions for its annual Legal Symposium issue, to be held on February 27-28, 2020. The deadline for submission of abstracts is September 3, 2019.
  6. The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) invites submissions for its fifth workshop on comparative business and financial law to be held on February 7-8, 2020, at the University of Akron School of Law. The deadline for submissions is October 25, 2019.
  7. The Department of Law at the University of Zagreb, Faculty of Economics and Business welcomes proposals for its first Zagreb International Conference on the Law of Obligations, to be held on December 12-13, 2019. The deadline for submission of abstracts is October 1.
  8. The Research Group on International Law and Governance at the University of Oslo, Faculty of Law and the Norwegian Institute for Water Research (NIVA) organize a conference to advance discussions on the gaps and challenges in law related to the protection of oceans. The conference will be held in Oslo, on November 4-5, 2019.
  9. Registration is now open for the Central States Law Schools Association 2019 Scholarship Conference, which will be held on September 20-21, at the University of Toledo College of Law.
  10. A call for papers has been issued for the 2020 ESIL Research Forum will take place at the University of Catania, in Italy, on April 23-24, 2020.
  11. The Milan-Bicocca, Excellence Department, Law and Pluralism invites applications for a fellowship opportunity to spend two to three months at the University of Milan-Bicocca, School of Law.

Elsewhere Online

  1. The Constitutional Court of Armenia Is in Disarray, MassisPost
  2. Jonathan Bench, Cryptocurrency in China: A Primer, China Law Blog
  3. Edmund LaCour, The Supreme Court turns against novel or late-breaking execution challenges, SCOTUS Blog
  4. Marty Lederman, Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?, Balkinization
  5. Gráinne O’Callaghan , Barry Magee and Zoe Richardson, Is there a Constitutional Entitlement to a Bilingual Judge?, Lexology
  6. Robert Reich, The Real Reason for Impeachment, The American Prospect
  7. Damon Linker, The incoherence at the heart of Trumpist nationalism, The Week
  8. Sándor Lénárd, Interview: Investment treaties endanger sovereign capacities – conversation with Professor Gus Van Harten, Precedens.Mandiner
  9. David R. Cameron, What British voters think about Boris Johnson, the Conservatives and Brexit, Yale Macmillan Center
  10. Maja Sahadzic, Bosnia and Herzegovina Approaching European Union Membership, Eureka
  11. Stephen Gardbaum, Prime Minister of the 0.3 Per Centers, Brexit Institute
  12. Maxime St-Hilaire, Affaire Boulerice c. Chambre des communes: conclusion, Blogue Aquide Droit

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Published on August 5, 2019
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RTI Amendments Put India’s Participatory Democracy in Peril

Ashish Goel is currently practicing law in Indian courts. He graduated in law from National University of Juridical Sciences and holds an LL.M from King’s College London.


On August 1, 2019, the President of India assented to two key amendments to the country’s Right to Information (RTI) Act that do not bode well for India’s participatory democracy.

Both amendments were passed by the Indian Parliament in late last month. The first amendment takes away the firmly rooted security of tenure of five years that Information Commissioners currently enjoy. And the second allows the government to dictate the terms and conditions of service of Information Commissioners.

Prima facie, both these amendments fly in the face of the very essence of the RTI law, which is to provide a mechanism for Central and State Information Commissions (at the central and state levels) to work independently and fearlessly, without being susceptible to political influence.

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Published on August 3, 2019
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Book Review: Alex Deagon on “Australian Constitutional Values” (Rosalind Dixon, ed.)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Alex Deagon reviews Australian Constitutional Values (Rosalind Dixon, ed., Hart Publishing 2018).


Dr. Alex Deagon, Senior Lecturer, Faculty of Law, Queensland University of Technology

Australian Constitutional Values is a bold, illuminating edited collection that articulates and investigates a ‘functionalist’ interpretation of the Australian Constitution.[1] According to the collection’s editor, Rosalind Dixon, such an interpretation ‘emphasise[s] the role of individual judges’ moral and political outlooks as an influence on constitutional interpretation’, and calls for more open engagement with questions of political morality, including practical and policy impact.[2] Yet this ‘values-oriented approach’ also pays due attention to ‘constitutional form’, requiring a ‘serious engagement with the text, history and structure of the Constitution’.[3] Nevertheless, such an approach raises important questions in relation to the substantive content of such constitutional values, the flexibility of values as determined within textual, originalist or progressive frameworks of interpretation, and interaction with other identified values – particularly if there is conflict between values.[4] In this context the authors in the collection consider the viability of recourse to ‘values’ as part of an interpretive framework, and explore the implications for Australian Constitutionalism. Since the book is an edited collection there are many disparate views and contributions. It is simply not possible to do justice to each in a short review like this. So the review will broadly critique the idea of ‘values’ raised in the contributions, with an accompanying apology that this will no doubt neglect some contributions in form, substance or both.

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Published on August 1, 2019
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Book Review: Catarina Santos Botelho on Sabino Cassese’s “A World Government?”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Catarina Santos Botelho reviews Sabino Cassese’s book on A World Government? (Global Law Press/Editorial Derecho Global, Sevilla, 2018).


–Catarina Santos Botelho, Catholic University of Portugal

When opening Sabino Cassese’s book, one expects to find an open-minded and thought-provoking writing, with strong normative propositions and theoretical clarity. This fascinating new book does not disappoint. On the contrary, it challenges rooted preconceived ideas and legal formulas.

Throughout his book, Cassese emphasizes the fact that the world is no longer ruled by the Westphalian model of fully sovereign states. The decline of the nation-state and the international opening of national legal systems have encouraged the development of the “transnational law of liberties” (Mauro Cappelletti). The global space, however, lacks a global government or a formal hierarchy. Instead, power is shared between national and supranational rulers, and there are several global regulatory regimes that do not necessarily follow a common pattern (“ad-hoc-cracy”).[1]

The book is divided into four chapters: I – National Governments and Globalization; II – The Globalization of the Law; III – Global Regulation; IV – Judging and Globalization.

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Published on July 30, 2019
Author:          Filed under: Reviews