Social Rights and the Constitutional Moment Learning from Chile and International Experiences

Image by Patrick McDonald In the 1990s, Bruce Ackerman defined ‘constitutional moments’ as historic milestones of intense deliberation and change in a country’s politics, change that reflects in the country’s constitutional settlement. Since October 2019, Chile is going through its own constitutional moment, a moment that began with popular resistance against rising public transport fees … Continue reading Social Rights and the Constitutional Moment Learning from Chile and International Experiences

Why the UK Government’s Plan to Overturn Court Decisions is a Bad Idea

Photo by Jordhan Madec By Maurice Sunkin, Theodore Konstadinides and Lee Marsons, School of Law, University of Essex The UK government is pursuing multiple legal reforms designed to rebalance “the relationship between the government, parliament and the courts” – a commitment made in the Conservative party’s 2019 election manifesto. Many of these reforms will affect how … Continue reading Why the UK Government’s Plan to Overturn Court Decisions is a Bad Idea

Constitutional Pluralism and Loyal Opposition

Image by Udo Pohlmann Dr. Tom Flynn, Lecturer in Law at the University of Essex, has recently had an article published in the International Journal of Constitutional Law (I•CON) as part of a symposium on last year’s controversial PSPP judgment of the German Federal Constitutional Court (GFCC). In that judgment, the GFCC for the first … Continue reading Constitutional Pluralism and Loyal Opposition

National Courts and the Enforcement of EU Law: The Pivotal Role of National Courts in the EU Legal Order

Image by David Mark Prof. Theodore Konstadinides, Professor of Law, University of Essex and Dr. Anastasia Karatzia, Lecturer in Law, University of Essex Prof. Theodore Konstadinides and Dr. Anastasia Karatzia acted as the UK national rapporteurs for the Fédération Internationale Pour Le Droit Européen (FIDE) Congress 2020, one of the most significant conferences on EU … Continue reading National Courts and the Enforcement of EU Law: The Pivotal Role of National Courts in the EU Legal Order

The German Constitutional Court’s Decision on PSPP: Between Mental Gymnastics and Common Sense

The Federal Constitutional Court Professor Theodore Konstadinides, School of Law, University of Essex The 5th of May 2020 will be remembered as a strange day for EU law and German constitutionalism. The German Constitutional Court upheld the constitutional complaints by several groups of individuals against the European Central Bank’s Public Sector Purchase Programme (PSPP). As explained in yesterday’s … Continue reading The German Constitutional Court’s Decision on PSPP: Between Mental Gymnastics and Common Sense

Weimar-on-Danube: on the Hungarian Enabling Act, the European Response, and the Future of the Union

Image by Hans Hansen Dr. Tom Flynn, Lecturer in Law, University of Essex The current pandemic is testing political, legal, and social systems in significant ways. Europe has faced, among other things, strains regarding the notion of solidarity within the Union, questions as to the ability of economic and financial systems to co-ordinate responses, and … Continue reading Weimar-on-Danube: on the Hungarian Enabling Act, the European Response, and the Future of the Union

COVID-19 and its Impact on the Constitutional Relationship Between Government and Parliament

Photo by Heidi Fin Theodore Konstadinides, Professor of Law, University of Essex and Lee Marsons, Graduate Teaching Assistant in Public Law and a PhD candidate, University of Essex The Coronavirus Act 2020, the UK’s most substantial legislative response to the Covid-19 pandemic, received Royal Assent yesterday after a fast-tracked procedure through both Houses. Indisputably, the pandemic falls … Continue reading COVID-19 and its Impact on the Constitutional Relationship Between Government and Parliament

Haim Abraham’s paper on Parenting, Surrogacy and the State cited by the Supreme Court of Israel

The Israel Supreme Court recently cited a paper written by Haim Abraham, Lecturer in Law at the University of Essex. The paper titled 'Parenting, Surrogacy, and the State' demonstrates that Israel’s legislation, and regulation of assisted reproduction treatments, systematically discriminates individuals and same-sex couples based on sexual orientation, family status, or gender. By surveying the … Continue reading Haim Abraham’s paper on Parenting, Surrogacy and the State cited by the Supreme Court of Israel

Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?

Prof Theodore Konstadinides (School of Law, University of Essex) and Riccardo Sallustio (Solicitor, Grimaldi SL LLP) The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of … Continue reading Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?

UKAJI’s ‘Emotions in Administrative Justice’ Blog Series – Call for Contributions

Lee Marsons, PhD Candidate, School of Law, University of Essex In this post, the UK Administrative Justice Institute (UKAJI) invites contributions to a new series of blogs on the theme of ‘Emotions in Administrative Justice’. Designed to explore and extend the growing but nascent research in this area, the objective is for the series to … Continue reading UKAJI’s ‘Emotions in Administrative Justice’ Blog Series – Call for Contributions