Abusive “Abusive Constitutionalism”

The paper focuses on the case study of Israel and argues that scholars there have accepted the “abusive constitutionalism” framework and made it central to their critique of current political and constitutional affairs there, suggesting that the country faces a serious risk of sliding into some form or another of authoritarianism. Rather than a change from a constitutional democracy to an authoritarian regime, the paper argues that the change Israel is going through is in fact a change within the broader project of liberal constitutionalism. Importantly, the paper further suggests that the critique that frames Israel as an “abusive” system strengthens the forces that support this particular change, which is precisely what those raising the critique wish to avoid and what makes the Israeli case one of abusive
“abusive constitutionalism.”

The Constitutional Reform as a Barrier against the Economic Globalization. State of the Matter in Spain and Proposals for Action

The institute of constitutional reform conciliates the principles of democracy and constitutional supremacy and fosters the balance between stability and change. Nowadays, in Spain this change is inescapable. However, in the face of proposals relating, among others, to the distribution of powers between the State and Autonomous Communities, or the recovery of public confidence in democratic institutions, well articulated and sufficiently well-founded, the impulses to contain the perverse effects of globalization on our economic constitutional model, they seem timid and insufficient. Especially as regards the effects of the constitutionalization of the principle of budgetary stability on the social rights. This paper aims to highlight the need to erect walls of constitutional containment to an unbridled neoliberal capitalism, formulating reform proposals to pave the way to the recovery by the State of part of the lost power in the context of the post-Westphalian model crisis.

No taxation without equality: taxes and (other) austerity measures from an equality perspective

Portugal was one of the most affected countries both by the economic and social crisis that swept through Europe after 2008, and by the austerity measures adopted to tackle with it. Between 2010 and 2014, the country’s Governments approved different packages of legislation with the intention of lowering the public deficit; addressing creditors’ demands; stabilizing the economy and creating a legal framework that would promote economic growth.
The so-called ‘austerity measures’ may be grouped around three interdependent and intertwined axes: fiscal policy, social rights and labour law. This paper will critically evaluate many of these measures under an equality perspective. I will review significant reforms regarding all three main policies (fiscal rules, social rights rules and standards, and labour law).