Category Archives: Comparative law
Stephen Tierney: Canadian Constitutional Change 30 Years On: Notes from a Small Island
A number of events have been held recently in Canada to mark the 30th anniversary of the ‘patriation’ of the constitution through the (Westminster enacted) Canada Act 1982, schedule B of which contained the Constitution Act, 1982. The main developments … Continue reading
Filed under Comparative law, Devolution, UK Parliament
Bradley W. Miller: Proportionality and Legislative Purpose
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court. It is a commonplace that the loftier the purpose attributed to the legislation, the more … Continue reading
Filed under Comparative law, Human rights
Reminder of UKCLG-sponsored meeting on Monday 21 May 2012, 6 pm
The event is organised by the Italian Cultural Institute of London, the Devolution Club, the UK Constitutional Law Group, the Federal Trust, London Metropolitan University, and the Center for Constitutional Studies and Democratic Development.
Filed under Comparative law, Devolution, Events
Nicholas Aroney: Federal Models for a U.K. Constitution?
When the referendum really comes, the sovereign Parliament must go. But whether for good or for evil, the referendum, in principle at least, seems to be coming. – C. H. McIlwain, The High Court of Parliament and Its Supremacy (1910), … Continue reading
Filed under Comparative law, Scotland
Douglas Edlin: Executing the Laws
Lethal Force and Legal Process According to Article II, Section 3 of the US Constitution, the President of the United States must “take care that the laws be faithfully executed.” In a speech delivered earlier this month, Eric Holder, the … Continue reading
Filed under Comparative law, Human rights
Christopher McCrudden: Comparing the European Court of Human Rights and the United States Supreme Court
An historic first formal meeting of the United States Supreme Court and the European Court of Human Rights took place on Thursday, March 1 in Washington DC, with participation from judges and administrators from both courts. Although most of the … Continue reading
Filed under Comparative law, Human rights
Arthur Dyevre: The Czech Ultra Vires Revolution: Isolated Accident or Omen of Judicial Armageddon?
On the face of things, the CCC’s judgment, by declaring an EU act, namely a ruling of the Court of Justice, ultra vires, constitutes a momentous and unprecedented display of judicial defiance. To my knowledge, no domestic court has ever … Continue reading
Filed under Comparative law, European Union
Paul Bernal: Between a European Rock and an American Hard Place?
Europe and the US have had very different approaches to privacy – and in particular data privacy – for a very long time. Data protection, the centrepiece of European data privacy law, is currently undergoing a reform – and that … Continue reading
Filed under Comparative law, Human rights
Armin von Bogdandy, Matthias Kottmann, Carlino Antpöhler, Johanna Dickschen, Simon Hentrei and Maja Smrkolj: A Rescue Package for EU Fundamental Rights – Illustrated with Reference to the Example of Media Freedom
Fundamental rights protection, once a side show, has become important for the EU, as proved by the newfound treaty recognition of the EU fundamental rights charter (CFREU), and the upcoming accession to the European Convention on Human Rights (ECHR). At … Continue reading
Filed under Comparative law, European Union, Human rights
Grégoire Webber: On Independence for Scotland: An Overview Of Canadian Experience
Canadian constitutional experience with federal-provincial relations and a bill of rights has provided a point of comparison for the United Kingdom’s devolution measures and Human Rights Act. Today, with the question of Scotland’s independence animating constitutional debates, Canadian constitutional experience … Continue reading
Filed under Scotland, Devolution, Comparative law
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