Comparing the Portuguese Constitution, which has the longest unamendable clause in the world, with the silence of the Spanish Constitution regarding the language of eternity is indeed a fascinating exercise. Each state’s quantum of constitutional change seems to be quite different. One can wonder how two neighbouring states that share a heavy history of right-wing dictatorships and transitioned to democracy forty years ago opted for such dissimilar constitutional designs. However, appearances are often misleading, and an effort should be done to unveil this curious mismatch. |
Search result: 3 articles
Article |
Constitutional Narcissism on the Couch of PsychoanalysisConstitutional Unamendability in Portugal and Spain |
Journal | European Journal of Law Reform, Issue 3 2019 |
Keywords | unamendable/ eternity clauses, de jure and de facto constitutional change, constitutional narcissism, foundational design, helicopter founding fathers, constitutional alma mater |
Authors | Catarina Santos Botelho |
AbstractAuthor's information |
Article |
Exploring the intertwining between human rights and restorative justice in private cross-border disputes |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Keywords | International human rights, private actors, horizontal effect, restorative justice |
Authors | Marta Sá Rebelo |
AbstractAuthor's information |
International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states’ internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact. |
Article |
Regulating Remote Sensing in National Space Legislation to Increase Legal Certainty on an International Level |
Journal | International Institute of Space Law, Issue 1 2018 |
Keywords | Space, Law, National, Earth Observation, Remote Sensing |
Authors | Vincent Seffinga |
AbstractAuthor's information |
Whether it is for environmental purposes, by monitoring the Earth’s forests, oceans or the Arctic, or military purposes, such as target selection or troop movements, our modern society has become increasingly dependent on remote sensing activities by satellite; one of the most extensively practised space activities. In addition to these scientific and military uses, a significant commercial remote sensing market has developed predicted to be worth between US$8 and US$15 billion by 2026. Moreover, the technological capabilities of remote sensing satellites are ever improving; for example, with the Airbus Spot 6 and Spot 7 satellites that boast a 70 cm resolution or BlackSky’s Global satellite that boasts a 1 m resolution. |