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Public Wrongs and Power Relations in Non-Democratic & Illiberal Polities
One of the influential contributions to criminalisation theories is Duff’s work on public wrongs, which offers a thin master principle of...
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The Council of Europe and the Catalan Secessionist Process: The Authoritarian Drift of the Radical Democratic Principle
This study shines a light on the problem of Catalan secessionist leaders’ abuse of the term “democracy”, an issue rarely discussed in the academic...
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Friends or Foes: Is Unamendability the Answer to Democratic Backsliding?
Unamendability is often viewed as a ‘lock on the door’ that can keep enemies of constitutional democracy out, at least for a time. Unsurprisingly, it...
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Spain as a Democratic State Governed by the Rule of Law and the Catalan Secessionist Process
This work begins by recalling the characteristic features of the political system and model of territorial division of power established in the 1978...
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Courts and COVID-19: an Assessment of Countries Dealing with Democratic Erosion
This article aims to present four case studies of the different responses to governmental measures to fight the COVID-19 pandemic by supreme and...
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EU Responses to the Democratic Deficit and the Rule of Law Crisis: Is It Time for a (New) European Exceptionalism?
The European 'messianic' project was not particularly concerned with democracy or human rights, but rather sought 'legitimacy' in the nobility of its...
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Challenges to Fundamental Human Rights in the age of Artificial Intelligence Systems: sha** the digital legal order while upholding Rule of Law principles and European values
Recently, the concept of the ‘European digital legal order’ seems to have gained more importance than the overarching concept of European legal...
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The Collision of Values in Thai Constitutional Law
According to the philosophy of values that had been developed in western countries since a long time ago, values in political society often do not...
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On the Necessity Defense in a Democratic Welfare State: Leaving Pandora’s Box Ajar
The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars,...
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Terminology, Values and Identity
This chapter beginsValues and by discussing the terminology used in the debate over the constitutional position of Indigenous peoples in Australia....
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Independent Judicial Councils and Democratic Quality: A Set-Theoretical Approach
Using Qualitative Comparative Analysis, this chapter provides for more complex scrutiny of the relationship between formally independent judicial...
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Democratic Principle and Nationalistic Aspirations in Plurinational States. A Republican Approach
European integration sets up a common acquis beyond state boundaries. Being a political actor in this process involves a commitment to the values on...
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Importance of Constitutional Values and Duties: The Italian Case
At a time in history of major international crisis, where global political compulsion threatens the solidity of Western cultural pillars, it is...
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Crowdsourcing Cultural Heritage As Democratic Practice
Cultural heritage institutions are central for the creation of our common identities and histories, and are thus a cornerstone for democracy....
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Expelling, Discussing, and Throwing Values Out
This chapter offers a critical analysis of the parliamentary deliberation on the Citizen Security Act of 2015 regarding the legalisation of so-called...
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Values of International Economic Law: Freedom, Fairness and Security
Laws are norms of behavior, prescribing what should be done and what should not be done. Among legal scholars, the conceptual pairs of natural and...
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A Democratic and Diverse Society: Balancing Equality and Exemption
This concluding chapter returns to reflect on some basic principles and concepts introduced at the outset, in the light of the trends noted in Part...
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Defending Democratic Participation Against Shortcuts: a Few Replies to Thomas Christiano
In this essay, I address some questions and challenges brought about by Thomas Christiano in his inspiring review of my book Democracy without...
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Role of Parliament in Ensuring Democratic Accountability in Bangladesh: Setting the Agenda for a Strengthened Parliamentary System
This chapter traces the evolution of the Parliament of Bangladesh over the last fifty years, highlights the role of parliament in ensuring democratic...