Constitutional Lessons from Europe

Adversary System Experiment in Continental Europe: Several Lessons from the Italian Experience

In order to promote efficiency and realize democracy ideal, Italy transplanted adversary system in 1988. Because of rampancy of organized crimes and compulsory prosecution system and material truth ideal, reformer’s effort was nibbled away by constitutional court of Italy. In 1999, the legislature of Italy amended Article 111 in Constitution which formed the constitutional basis of adversary sy...

Managing Linguistic Nationalism through Constitutional Design: Lessons from South Asia

Lessons from Mazibuko : Persistent Inequality

This essay will explore the idea that in the wake of the Constitutional Court’’s decision in Mazibuko v City of Johannesburg,1 activists who are committed to dismantling persistent racial and class inequality should weigh carefully the costs and benefits of using rights-based litigation as a strategy to advance their interests. In putting forward that general idea, I want to make two central po...

American Lessons Learned – European Future Rethought

The most notable feature of the notion of states of emergency is the assumption of their unpredictability. As such, it has been both normatively and positively deeply embedded in constitutional thought and practice to this day. However, notwithstanding its unavoidable advantages, I try to claim that it represents a somewhat outdated concept that stands in opposition to the normative development...

An empirical analysis of constitutional review voting in the polish constitutional tribunal, 2003–2014

Different theories have been developed, mainly in the context of the United States, to explain judicial decision-making. In this respect, there is an important ongoing debate over whether judges are guided by the law or by personal ideology. The analysis of the decision-making in the Polish Constitutional Tribunal seems to support the existence of some party alignment. It is to say that judicia...