ISSN: 2036-5438
- 1. Nurturing Integration through Dialogue: The Role of Courts in Supranational Contexts
- (Essay)
- Allan F. Tatham Taking the Court of Justice of the European Union (especially its procedure of the reference for a preliminary ruling) as providing a suitable model to emulate for courts of other ...
- Created on 25 July 2024
- 2. Indefinite detention of refugees ruled unconstitutional by the High Court of Australia – an opportunity for Europe to pause for thought?
- (Notes)
- Jock Gardiner and Silvia Talavera Lodos The High Court of Australia recently handed down the landmark decision of NZYQ, ruling the policy of indefinitely detaining non-citizen, non-visa holders ...
- Created on 05 March 2024
- 3. Subnational Courts of Last Resort in Germany and the USA
- (Essay)
- In this article I explore the judicial dimension of federal systems from a subnational perspective. The findings show that regardles of the type of federalism subnational courts of last resort ...
- Created on 28 September 2021
- 4. Troubled Legacies: The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and the Thin Line Between Impunity and Reconciliation
- (Essay)
- ... reconciliation between communities. However, the Act has been heavily criticised for being in violation of the European Convention on Human Rights (ECHR) and was challenged before courts. On the one hand, ...
- Created on 18 June 2025
- 5. Endogenous Limits of the Right to Conscientious Objection: Does a Conscientious Objector Have the Right to Refuse Even 1-Day Military Service?
- (Note)
- ... 9, but also the right of access to a court under Article 6 has been violated. This is because, although the low fines and short-term prison sentences imposed by states for non-compliance with compulsory ...
- Created on 09 April 2025
- 6. Energotehnica: Primacy and Effective Judicial Protection Beyond the Rule of Law Crisis
- (Note)
- Orlando Scarcello Case C-792/22, Parchetul de pe lângă Judecătoria Rupea and Others v. MG, Judgment of the Court (First Chamber) of 26 September 2024, ECLI:EU:C:2024:788. The Energotehnica judgment ...
- Created on 04 December 2024
- 7. Two Western Canadian Provinces Asserting Provincial Sovereignty Seek to Challenge the Fundamentals of Canadian Constitutional Democracy and Order
- (Essay)
- ... regardless of the norms of the Canadian constitution. The Supreme Court of Canada, in a landmark decision in 1999 rejected the claim as a violation of the fundamental unwritten principles of the Canadian ...
- Created on 31 July 2024
- 8. The European Union as a Form of ‘Functional Federalism’
- (Essay)
- Giuseppe Martinico In this contribution, I shall explore the concept of ‘functional federalism’ as developed by Peter Hay in his book Federalism and Supranational Organizations: Patterns for New ...
- Created on 29 July 2024
- 9. Loyalty references in the Statutes of Autonomy in Spain: legal or symbolic value?
- (Essay)
- ... as in the exercise of their competencies. The jurisprudence of the Constitutional Court and the scholars acknowledge its implicit existence, linking it to other foundational principles of the territorial ...
- Created on 30 April 2024
- 10. The Functional Federalism of the United Arab Emirates
- (Essay)
- ... to classify it through the lens of comparative federalism. It is notable that flexibility in the provisions of the constitutions and in the jurisprudence of the UAE Supreme Federal Court shapes the division ...
- Created on 31 January 2024