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Delegated Powers, Political Choices: How EU Risk-Based Regulation Can Go Too Far
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Delegated Powers, Political Choices: How EU Risk-Based Regulation Can Go Too Far —Andrea Palumbo, Centre for IT and IP Law (CiTiP), KU Leuven[*] The next frontier of risk management: systemic risks in the Digital Services Act and the AI Act In the last decade, EU legislation has experienced a shift to risk-based regulation as the…
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Three Decades Without a Social Contract: A Call for Constitutional Adoption in the Kurdistan Region of Iraq
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–Hassan Mustafa Hussein, Ph.D. in Constitutional law, Soran University, KRI August 1 is observed worldwide as World Constitution Day. On such significant occasions, it is common for major civilized nations to celebrate their greatest political achievements, usually reflected in a written or other form of constitution. This event, which may involve many historical reflections, promotes…
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South Korea’s Impeachment Tests: A Blueprint for Constitutional Repair
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–Kwak Nohyun, former professor of law, Korea National Open University On the night of December 3, 2024, South Korean democracy faced its most severe test since democratization. At 10:29 PM, President Yoon Suk Yeol declared an “extraordinary martial law,” triggering a swift and decisive response. This historic rebuke was made possible by a confluence of…
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Safeguarding the Rule of Law: The European Public Prosecutor Office’s Role and Challenges
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—Goran Selanec, Justice, Constitutional Court of Croatia [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] The European Union has been fraught with two alarming trends in the last decade and a half. The first and more general trend has concerned democratic backsliding. Since around 2010, more…
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Comparative Constitutional Law and the Problem of “Context”
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—Jorge González Jácome, Associate Professor of Law at Universidad de los Andes [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] In this text, I would like to offer some reflections on the practice of comparative constitutional law, drawing from my experience supervising the work of master’s and…
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Flirtations with the People: The Glimmer of the 1991 Colombian Constitution
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—Jorge González Jácome, Associate Professor of Law at Universidad de los Andes [Editor’s Note: This is one of our ICONnect columns. For more information on our 2025 columnists, see here.] The government of Colombia’s left-wing president, Gustavo Petro, has recently put forward the idea of using a citizen participation mechanism to revive one of his social…
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Bangladesh in Stasis: No Way Out Without a New Constitution?
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—M A Sayeed, UNSW Sydney, Australia/Jahangirnagar University, Bangladesh, and Lima Aktar, Thomas More Law School, ACU, Melbourne/Jahangirnagar University, Bangladesh[1] Constitutional crisis may occur for many factors, but when it triggers constitutional transformation, it becomes stasis (Alberto Esu). In Greek, stasis means civil/political unrest, disharmony and, to its most extreme, the breakdown of the constitutional system…
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The Anna Karenina Principle and Democratic Erosion
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—Miguel Schor, Professor of Law, Associate Director of the Drake University Constitutional Law Center, and Class of 1977 Distinguished Scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] Leo Tolstoy begins Anna Karenina by observing that happy families are all alike whereas every unhappy family is…
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Global Law and the Black Holes (That Would Like to Gobble it up)
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–Giuliano Amato[*] 1. One of the many effects of globalization that marked the beginning of the new century was the awareness that, in a myriad different ways, the process had spawned a global legal space; not just a potential space, but a space increasingly filled with regulations, decisions, certifications, and transactions coming from a multiplicity…
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Feminist Constitutionalism: Part VIII – The Future of Feminist Constitutionalism: Challenges and Opportunities
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This is the eighth and final essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil’, which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please…
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Feminist Constitutionalism: Part VII – Case Studies II: Landmark Feminist Constitutional Decisions
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This is the seventh essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil’, which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please email Melina…
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What’s New in Public Law
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—Nicola Abate, Ph.D. Candidate in Law at Universitat Pompeu Fabra, Barcelona 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…
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Local Authorities as Guarantors of the Rule of Law: Recent Developments in the Council of Europe
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—Tania Groppi, Università degli Studi di Siena [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] Local government is usually absent from the theoretical debates on the pillars of constitutional law, such as human rights, separation of powers, rule of law. “Which branch of government should we…
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Feminist Constitutionalism: Part VI — The Woman as Subject of Fundamental Rights in the Jurisprudence of the Brazilian Supreme Court
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This is the sixth essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin, as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil,’ which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please contact Melina…
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Feminist Constitutionalism: Part V – From Paper to Reality: Implementing Feminist Constitutional Principles
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This is the fifth essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin, as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil,’ which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please contact Melina…
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Feminist Constitutionalism: Part IV – Breaking Barriers: Women’s Rights in Global Constitutions
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This is the fourth essay in a special eight-part series on Feminist Constitutionalism, organized by Melina Girardi Fachin as part of the project ‘Transforming Judicial Outcomes for Women in Canada and Brazil’, which is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). For more information about Feminist Constitutionalism, please email Melina…
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The Role of a Judge in an Electoral Autocracy
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—Aparna Chandra, Associate Professor of Law and M. K. Nambyar Chair Professor on Constitutional Law, National Law School of India University, Bengaluru. [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] The Autocrats’ Playbook This is the year of elections. Sixty-four countries, representing over forty-five percent of…
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The Perils of Presidentialism (and the Lessons of the United States)
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—Miguel Schor, Professor of Law, Associate Director of the Drake University Constitutional Law Center, and the Class of 1977 Distinguished Scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2024 columnists, see here.] Presidentialism has a comparatively poor democratic track record. In a famous essay entitled “The Perils of Presidentialism”…
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