Balancing is the main method used by a number of constitutional courts around the world to resolve conflicts of fundamentals rights. The European Court of Human Rights is routinely balancing human rights against each other and against conflicting public interests and has elevated … [Read more...]
Mainstreaming Gender in the European Union: Getting the Incentives Right
The European Union, like many other international organizations and governments, committed itself during the 1990s to the “mainstreaming” of gender issues across all policy areas at all stages in the policy process. Nonetheless, more than a decade after the … [Read more...]
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The Myth and the Reality of American Constitutional Exceptionalism
This Article evaluates the widely held view that American constitutional rights jurisprudence is exceptional. Its thesis is that while the conventional wisdom is largely correct about the content of a few specific constitutional rights, it is largely wrong about the more general … [Read more...]
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Adjudging the Exceptional at International Law: Security, Public Order and Financial Crisis
This paper examines the impact of international law on the ability of states to mitigate the effects of financial crises. It focuses on the invocation of investment treaty disciplines in the aftermath of the 2001-2 Argentine financial crisis and the adjudication of … [Read more...]
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Courts and Compliance in the European Union: The European Arrest Warrant in National Constitutional Courts
The member states of the European Union have expanded the tools they use to cooperate to combat transnational crime and terrorism. Chief among these is the Framework Decision on the European Arrest Warrant, which requires judicial and police authorities to bypass all national … [Read more...]
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