• Toward Hominid and Other Humanoid Rights: Are We Witnessing a Legal Revolution?

    … On 3 November 2016, an Argentinian judge granted habeas corpus relief to Cecilia, a person held captive in a small cage. Nothing out of the ordinary – except for the fact that Cecilia is not a battered woman or abused girl, but a chimpanzee kept at Mendoza zoo. This 1 % genetic difference turns this into a landmark judgment of potentially…

    Verfassungsblog- 58 Leser -

  • From Greenland to Svalbard: Scotland’s quest for a differentiated Brexit

    … On 20 December 2016, the Scottish Government released its blueprint on how Scotland can remain in the European Single Market post-Brexit. From the governing SNP’s point of view, the paper can be seen as a compromise given that it does not advocate Scottish independence. Instead, it proposes that the best outcome for the UK as a whole…

    Verfassungsblog- 59 Leser -
  • A Game of Values: Particular National Identities Awaken in Europe

    … “Winter is coming” (George R. R. Martin, A Game of Thrones) This article focuses on the relation between constitution and society, namely how the popular perception of identity and values can impact on constitutional democracy and its institutions, and how the reformulation of national identities can endanger the European project…

    Verfassungsblog- 36 Leser -
  • Constitutional Capture in Poland 2016 and Beyond: What is Next?

    … 2016 will go down in history as fundamental in the institutional history of Polish Constitutionalism. It began with an unprecedented attack on the Constitutional Tribunal, rule of law, checks and balances and judicial independence. It ends with full-blown constitutional crisis. The dramatic events in the Sejm and on the streets only corroborate…

    Verfassungsblog- 31 Leser -
  • Collective Expulsion and the Khlaifia Case: Two Steps Forward, One Step Back

    … When the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of Khlaifia and Others v. Italy yesterday, many may have felt considerable disappointment. I for one did. What had started as a next step in the development of the case-law on the prohibition of collective expulsion (Art. 4 Prot. 4 ECHR…

    Verfassungsblog- 43 Leser -

  • After the Italian Referendum

    … So much was at stake for Italy, its political class and its economy, and for the European Union (EU) and its member states in the country’s failed referendum on constitutional reform. In the EU, Germany is a particularly sensitive case. The relations between Germany and Italy are a focal point in Europe. They used to be in an asymmetric, albeit…

    Christian Joerges/ Verfassungsblog- 56 Leser -
  • Shared powers: the elephant in the room in the division of powers-debate

    … The saga surrounding the signing of the Comprehensive Economic and Trade Agreement (CETA) has again brought the issue of the division of foreign affairs powers between the EU and its Member States to the centre of attention of many an EU lawyer. How far do the EU’s exclusive powers to conduct a ‘common commercial policy’ reach? Do implied…

    Verfassungsblog- 36 Leser -
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