138 research outputs found

    International constitutionalism and the state : a rejoinder to Vlad Perju.

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    The transplantation of a legal governance form from one order to another is always fraught with difficulty. Perju’s Reply asks critical questions regarding the characterization of future global governance and most particularly the use of constitutionalism beyond the state presented in my article. Perju argues that an a priori matter, whether constitutionalism is suitable beyond the state, is of critical import. My original article centered upon a “what if” question, what would the impact of an international constitutionalization process be upon the state and whether this would be an advantageous process, what Perju portrays as “the very option” of constitutionalism. The sense of urgency which Perju finds apparent in my article is also perceptible in other recent attempts to offer options for the future of the global legal order. Alongside constitutionalization, other narratives ranging from global legal pluralism to global administrative law form part of a much broader narrative of “what if” questions within international governance debates seeking to consider what exists beyond the classical state consent tropes discussed in the article. This rejoinder focuses upon several questions raised by Perju: transplantation, multiple constitutional orders, and the link between normative and structural constitutionalism.1 First, transplantation and the applicability of constitutionalism, as part of a process of constitutionalization, beyond the state. Walker considers that the opposition to constitutionalism beyond the state relies upon four interrelated categories: inappropriateness, inconceivability, improbability, and illegitimacy.2 Inappropriateness is linked to what Perju states as taking “for granted the existence of an international legal order.” Indeed, the constitutionalization debate and my article assume that a legal order exists beyond the state. Whilst not embracing Peters’s claim that constitutionalization acts as a bulwark against assertions of international law’s limitations as a legitimate legal order nor wishing to dismiss outright those that do question international law’s legitimacy,

    The Separation of Powers Beyond the State: The ‘inconveniences of [a]bsolute power’

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    Good Offices: Grasping the Place of Law in Conflict

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    In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell's lex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role

    Bordering two unions

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    Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold

    Mother and Baby Homes Commission of Investigation Report: Alternative Executive Summary

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    This document builds on the methodology developed by feminist judgments projects to rewrite the Executive Summary to the Final Report of Ireland’s Mother and Baby Homes Commission of Investigation, published in January 2021. The Mother and Baby Homes Commission of Investigation was established in February 2015 to investigate experiences in certain of Ireland’s residential institutions for single mothers and their young children between 1922 and 1998. In our rewritten Executive summary, twenty-five academics examined the evidence in the Commission’s original report, and offered a feminist, human rights-based analysis of the evidence presented there. Our document was first published open access on the Technological University Dublin website as the Mother and Baby Homes Commission of Investigation Draft Alternative Executive Summary in July 2021. &nbsp

    Bordering two unions

    Get PDF
    Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold
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