To Ruin the Repairs: Milton, Allegory, Transitional Justice

International legal theorists posit historical moments when conceptions of justice are “constituted by, and constitutive of, the transition” (Teitel). This article uses the framework of transitional justice to understand the cultural work of political allegory in the spring of 1660 on the eve of the English Restoration. Insights from transitional justice (1.) help explain how Anglican royalists convinced wary Presbyterians to assent to a restoration of the monarchy; (2.) permit a new reading of Milton’s allegory of Sin and Death in Paradise Lost; and (3.) facilitate a more critical history of the framework of transitional justice itself

Territorial-Administrative Decentralisation and Ethnocultural Diversity in Ukraine: Addressing Hungarian Autonomy Claims in Zakarpattya

The paper argues firstly that, since there is no obvious separatist movement within Zakarpattya, the Ukrainian state should seek as far as possible to accommodate Hungarian identity claims within the region (and those of other smaller minority communities living within the state) as part of a normative and instrumental strategy of promoting ‘unity in diversity’. Secondly, it argues that Ukraine’s current concept of decentralization offers space to realise the non-territorial vision of cultural autonomy, provided that sufficient attention is also given to maintaining pre-existing territorially-based provisions with regard to minority language use and political representation for Hungarians at both regional and national level

SYRIZA’S electoral rise in Greece: protest, trust and the art of political manipulation

Between 2010 and 2015, a period of significant political change in Greece, the Coalition of the Radical Left (SYRIZA), a minor party, achieved and consolidated major party status. This article explores the role of political strategy in SYRIZA’s electoral success. It argues that contrary to accepted wisdom, targeting a ‘niche’ constituency or protesting against the establishment will not suffice for a minor party to make an electoral breakthrough. SYRIZA’s case demonstrates that unless a minor party is ready to claim that it is willing and able to take on government responsibility, electoral advancement will not be forthcoming. The success of SYRIZA’s strategy can be attributed to favourable electoral demand factors and apt heresthetic manipulation of issue dimensions

The strategic impact of META-NET on the regional, national and international level

This article provides an overview of the dissemination work carried out in META-NET from 2010 until 2015; we describe its impact on the regional, national and international level, mainly with regard to politics and the funding situation for LT topics. The article documents the initiative's work throughout Europe in order to boost progress and innovation in our field.Peer ReviewedPostprint (author's final draft

Democracy and Digital Authoritarianism: An Assessment of the EU’s External Engagement in the Promotion and Protection of Internet Freedom. College of Europe EU Diplomacy Paper 01/2020

The past decade has seen a gradual global increase in digital authoritarianism. Internet shutdowns, online censorship, mass surveillance and violations of privacy rights have all become more frequent in parts of the world where citizens are not guaranteed sufficient digital rights. The task of defending, promoting and protecting internet freedom is becoming increasingly relevant for the European Union (EU) − for internal digital and cybersecurity policies as well as for the EU’s external promotion of democracy and human rights. Whilst much has been written about the various internal policies which establish and protect internet freedom within the European Union and its member states, the EU’s external engagement in this field remains critically under-researched. To what extent does the EU engage externally in the promotion and protection of internet freedom? This paper answers this question by covering a wide variety of policy fields including human rights and democracy promotion, digital policy, enlargement and neighbourhood policy, development cooperation and trade policy. Whereas the EU faces a limited opportunity to shape global norms with regard to internet freedom or to change the course of digitally authoritarian states, it has demonstrated several strengths which deserve not to be overlooked. These include, for example, the externalisation of internal data protection and policies and the provision of direct support and protection for civil society. Despite facing significant obstacles, the promotion and protection of internet freedom has become an important area of the EU’s external action which is only set to become more relevant in the coming years

A critical analysis of the development of the public benefit requirement of charitable purposes under English and Welsh charity law, from Re Compton [1945] 1 Ch 123 to R (Independent School Council) v Charity Commission [2012] Ch 214

The enactment of the Charities Act 2006 in November 2006 introduced the first statutory definition of charity into English and Welsh law. Under the provisions of the Act, charitable status requires that an institution must be established for charitable purposes only and that the charitable purposes must be of public benefit. Although, generally, well received the Charities Act 2006 has been criticised as ‘flawed’ on the public benefit requirement of charitable purposes. The Charities Act 2006 was passed with the principle aim of modernising existing charity law, which was considered outdated and unclear. However, unlike charitable purposes, which are set down within the provisions of the Act, a definition of public benefit is not provided. Section 3(3) of the Charities Act 2006 merely provides that ‘reference to public benefit is a reference to the public benefit as that term is understood for the purposes of the law relating to charities in England and Wales’. This lack of a definition as to what constitutes public benefit and statutory reliance upon the charities’ regulator, the Charity Commission, to interpret and provide guidance on the public benefit requirement for charitable purposes has led to criticism that the Charities Act 2006 has raised as many uncertainties as it sought to clarify. In critically evaluating the impact of the Charities Act 2006, and its successor, the Charities Act 2011, upon English charity law, this assessment places the legal definition of charity within its complex and, at times, vague historical context. Thus, providing an ideal backdrop in which to explore the policy objectives behind the Charities Acts and assess the effectiveness of the Charities Acts in achieving those objectives

The Political System of the Republic of Turkey, Past and Present

The first constitution of the Ottoman-Turkish Empire was adopted in 1876 – the Kânûn-ı Esâsî (Eng. Fundamental Law). In its history, Turkey has had four constitutions. They were adopted in 1921, 1924, 1961, and 1982, with the latter being presently in force. Nowadays, the creation of a new constitution is the main issue on Turkey’s political agenda. The government of Turkey and Mr. Recep Tayyip Erdogan want to amend the constitution, and envisage creating an executive presidential system (Tur. Başkanlık sistemi), similar to that of the Russian Federation and the United States. Critics are concerned about what Recep Tayyip Erdogan’s motivation may be. This article analyzes the historical roots of the constitution, its amendments, the presidential system in Turkey and the arguments of the Republican People’s Party (CHP) and Peoples’ Democratic Party (HDP) against the adoption of a presidential system. The key issues that the authors address are the changes that could be made under Turkey’s new constitution and whether all political power would be concentrated in president’s hands

The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?

Adjudication has been statutorily introduced as an alternative dispute resolution method in 14 jurisdictions including New Zealand. Whilst adjudication under the New Zealand Construction Contracts Act 2002 has been hailed a success, further refinements were proposed in the Construction Contracts Amendment Bill first published in 2013. As part of the legislative process, 48 submissions were made to the Commerce Committee. There was general support for most of the amendments, but some parties expressed concerns on some of the changes. A documentary analysis of the Amendment Bills and submissions to the Commerce Committee was made to critically evaluate the changes proposed and establish if they were improvements. The findings show the major changes proposed include (i) removing most of the distinctions between the treatment of residential and commercial contracts under the Act, (ii) extending the scope of the Act to apply to contracts for certain professional services, (iii) removing the distinction between enforcement of payment determinations and of those relating to rights and obligations, and (iv) making the enforcement process more efficient. The findings also show that during a period of over two years from when the Bill was first introduced in January 2013, one other significant improvement for retentions to be held in trust was made. A few proposals to further refine the Bill such as the suggestion to mandate retentions to be kepts in a separate trust account were however not accepted. The Construction Contract Amendment Bill (Bill 97-3) was uninanimously passed during the third and final reading in Parliament on 20 October 2015 with most of the amendments coming into force on 1 December 2015, those incorporating professional services on 1 September 2016, and the retention provisions on 31 March 2017. Royal assent was given on 11 October 2015 leading to the enactment of the Construction Contracts Amendment Act 2015