Islam-based Legal Language and State Governance: Democracy, Strength of the Judiciary and Human Rights

States embracing Islam-based laws are frequently seen as struggling with establishing democratic institutions, and encouraging executive encroachment on the judiciary. Public in these countries often does not trust state institutions. lack of rule of law further exacerbates citizens’ distrust in public law. Is Islam-based legal language in a domestic legal system associated with lower levels of electoral democracy, fewer protections for private liberties, and a weak judiciary. Relying on original data covering laws in 29 Islamic law states (2001-2012), we focus on Islam-based legal language in these states’ constitutional and subconstitutional laws. By itself, Islam-based legal language is not associated with a weak judiciary or the absence of political liberties. However, subconstitutional—particularly legislative—commitments to Islam-based legal language are frequently associated with lower levels of democracy and fewer protections for private liberties and women’s rights.

The Role of Constitutional Jurisdiction in the Economic Order in a Comparative Perspective

Constitutional Jurisdiction may have a great impact on various fields. In economics matters, for example, the Court might, based on constitutional norms, invalidate governmental acts, interfering in the economic dynamic of a country. As economy plays a major role within a society and its political system, it becomes fundamental to understand the aspects able to interfere on it and, being Constitutional Jurisdiction one of them, it is crucial to study their relation.
Therefore, the aim of this paper is to analyze the case law of the Supreme Court of the United States and of the Brazilian Federal Supreme Court regarding the application of constitutional economics principles — such as Free Market and Free Enterprise. This paper seeks to analyze what both Courts understand about how the government should behave when regulating economy, the economic principles that they are inclined to apply, as well as the meaning given to them and, finally, to compare the results found from both Courts.

Solving the issue of detention conditions in Romania. Between national distrust and … international distrust

Sometimes, solving sensitive issues and reconciling national and international commitments is a difficult task. Moreover when the preservation of trust internationally involves measures that do not benefit from a trust capital internally. In Romania, a typical situation in this sense refers to the issue of detention conditions.
Thus, in a social and political climate dominated by distrust towards the criminal policy measures envisaged, as well as dissatisfaction with the compensatory measures adopted, the next steps seem to be difficult. However, extreme legislative measures aimed at responding to internal dissatisfaction, such as the recent repeal of the law regarding the compensatory measures, somewhat populist in the electoral context, affects the trust internationally.
The study is intended as an invitation to debate. In our opinion, solving the issue of detention conditions in Romania is fundamentally related to the trust towards authorities.

The Rise of Private Policy and the Displacement of Public Actors and Standards in the Digital Environment

This paper argues that private actors in the digital environment are displacing and re-articulating public, normative standards through their contractual terms and practical operation. The paper contextualises this trend as part of the ideological legacy of the historical development of the web but argues that it has been specifically enabled by three features of EU law. These are 1) an approach of functional equivalence to laws governing the digital environment, and the actors within it 2) the EU’s neoliberal policy preferences which manifest in a tendency towards the enumeration of economic rather than socially orientated legislative rights protections and 3) the Unions ‘brittle constitutionalism.’ The result of these features and the rise in private standard setting and rights enforcement they generate is an erosion of individual fundamental rights, in particular the rights to privacy and property, which in turn import reductions in individual autonomy and the Rule of Law.

Technology, Trust and the Judicial Role

The courts have not been an exception to the trend of increasing technologization of the public sector and have for a number of years invested in digital uplift projects. Beyond the routine use of technology, many jurisdictions are considering the introduction of more sophisticated applications to automate elements of, or even entirely replace, humans in judicial decision-making processes. Many are asking whether machine learning and other AI applications should assists judiciary in decision-making, and how that might correspondingly transform the role of judges. In this paper, we ask how new uses of technology might, impact judicial values and judges’ own sense of themselves, and even transform the judicial role in contemporary societies. We do this through a focused examination of core judicial values, namely transparency and accountability, independence, impartiality, diversity, and efficiency; and how they may be either supported or undermined by increasing technologization.

Problems with Erga Omnes Effecst of Judgments on Validity of Laws

Th paper covers the problems faced in Malta where the Constitutional Court has decided that a judgement on the validity of alws is only binding intra partes and not erga omnes. This declaration is linked with the requirement of juridical interest or legal standing required by Maltese jurisprudence to file a constitutional case. Only those having e a juridical interest in a case on the validity of laws are bound by an eventual judgment on such case.

Inclusion, Cities and the Law: Rethinking Urban Planning in the Context of Increased Litigation in Colombia

In the 1990s, a new Constitution and progressive laws in Colombia facilitated the transition from a modernist urban planning paradigm to one where participation was privileged. 30 years later, studies show the limited impact of participatory planning in addressing social and environmental injustices. While several mayors acquired local and global recognition by ‘constructing’ their cities as international “best practices,” vulnerable populations continue to be excluded from everyday planning decisions. At the same time, there has been a rise in litigation around urban planning in Colombia. The rise in litigation against cities has resulted in judges often dictating how housing, public space, or waste management ought to be implemented. This article analyzes the extent of litigation in Colombian cities and its impact on urban planning decisions. Using Bogotá as a case study it reflects on the prospects and limits of the judicialization of urban planning in the country.

The Amendment Proposal of the Constitution (PEC – Initials in Portuguese) N. 80/2019: theoretical reinforcements and critical and legal developments in Brazil

This research has as its goal the study of the Amendment Proposal of the Constitution (PEC – initials in Portuguese) n. 80/2019, from a threatening perspective to the constitutional norm of the social function of property, in the case of its discussing and approval. It is subdivided into two parts. While the first one is dedicated to a study that involves some concepts of property and social function, as well as a specific Brazilian constitutional historical evolution of the social function of property, the second part of the research gives already a growing thematic funneling into PEC 80/2019, its norms, formal motivations and, conclusevely, critical questions. Deductive methodology, under analytical theoretical line, using mainly legislative and doctrinal sources, focuses on the social function of property as a legal principle and on the validity, the term, effectiveness and efficiency of PEC 80/2019 and its possible transformation as an amendment to the 1988 Brazilian Constitution.

Trends of Contemporary Judicial Review of Legislation

This study aims to address the trends of judicial review of legislation, in view of contemporary issues of Constitutional Law. The scientifical investigation is geared to detect the shared practices by the constitutional courts, meanwhile it establishes the points of divergence between those courts. In fact, the work focuses on the area of concentration of the judicial review in democratic legal systems and, more particularly, in the line of research on the globalization of the constitutional decision-making process. The research is organized into five chapters, each of them discussing the mentioned trends, such as the rational justification for the internationalization of the decision fundamentals. The most important results will undoubtedly be related to the role of contemporary judicial review of legislation in safeguarding democracy, protecting and promoting civil rights.

Autonomous institutions in Brazil: success and failure beyond law

The rise of autonomous institutions out of the three traditional branches is a worldwide tendency. The phenomenon is especially pervasive in Brazil, whose legal system grants autonomy to oversight bodies, regulatory agencies and other entities. Although these institutions are invested with prerogatives such as the sole authority to manage their financial and human resources and the right to elaborate their mandatory budgets, the degree of autonomy they hold varies considerably. While oversight bodies have achieved a high level of autonomy in Brazil, regulatory agencies repeatedly suffer from undue interference. Yet, entities as the Central Bank lack formal legal autonomy, but are almost immune to interventions. The paper reveals that, while important, normative provisions may sometimes be not enough nor, at other times, necessary to assure independence. Political or conventional factors are just as or even more important in determining the autonomy effectively held by public entities.