Search result: 11 articles

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Year 2010 x
Article

Introduction, Problem and Finalists Briefs

19th Manfred Lachs Space Law Moot Court Competition, 2010: Case Concerning Suborbital Tourism, Definition of Outer Space and Liability (Aspirantia v. Republica)

Journal International Institute of Space Law, Issue 12 2010
Article

Access_open Constitutionalism and the Incompleteness of Democracy: An Iterative Relationship

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords constitutionalism, globalization, democracy, modernity, postnational
Authors Neil Walker
AbstractAuthor's information

    The complexity of the relationship between democracy and modern constitutionalism is revealed by treating democracy as an incomplete ideal. This refers both to the empirical incompleteness of democracy as unable to supply its own terms of application – the internal dimension – and to the normative incompleteness of democracy as guide to good government – the external dimension. Constitutionalism is a necessary response to democratic incompleteness – seeking to realize (the internal dimension) and to supplement and qualify democracy (the external dimension). How democratic incompleteness manifests itself, and how constitutionalism responds to incompleteness evolves and alters, revealing the relationship between constitutionalism and democracy as iterative. The paper concentrates on the iteration emerging from the current globalizing wave. The fact that states are no longer the exclusive sites of democratic authority compounds democratic incompleteness and complicates how constitutionalism responds. Nevertheless, the key role of constitutionalism in addressing the double incompleteness of democracy persists under globalization. This continuity reflects how the deep moral order of political modernity, in particular the emphasis on individualism, equality, collective agency and progress, remains constant while its institutional architecture, including the forms of its commitment to democracy, evolves. Constitutionalism, itself both a basic orientation and a set of design principles for that architecture, remains a necessary support for and supplement to democracy. Yet post-national constitutionalism, even more than its state-centred predecessor, remains contingent upon non-democratic considerations, so reinforcing constitutionalism’s normative and sociological vulnerability. This conclusion challenges two opposing understandings of the constitutionalism of the global age – that which indicts global constitutionalism because of its weakened democratic credentials and that which assumes that these weakened democratic credentials pose no problem for post-national constitutionalism, which may instead thrive through a heightened emphasis on non-democratic values.


Neil Walker
Neil Walker is Regius Professor of Public Law and the Law of Nature and Nations at the University of Edinburgh, United Kingdom.
Article

Matching Detail with Practice: The Essential Elements of National Space Legislation

2010 IISL-ECSL Space Law Symposium Held on the Occasion of the 49th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "National Space Legislation: Crafting Legal Engines for the Growth of Space Activities"

Journal International Institute of Space Law, Issue 9 2010
Authors S. Freeland

S. Freeland
Article

Legal Aspects of International Cooperation in China's Manned Space Flights

Joint IAF-IISL Session: "Legal Framework for Collaborative Human Space Missions"

Journal International Institute of Space Law, Issue 8 2010
Authors H. Zhao and X. Wu

H. Zhao

X. Wu
Article

Report of the Roundtable

25th IAA-IISL Scientific-Legal Roundtable in Prague, Tchechoslovakia, 2010: "The New Age of Small Satellite Missions"

Journal International Institute of Space Law, Issue 7 2010
Authors N. Rohner-Willsch

N. Rohner-Willsch
Article

The Right to Food

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords food crisis, right to food
Authors Ying Chen
AbstractAuthor's information

    With the development of society, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Agricultural productive capacity has greatly improved and the world’s food producers are capable of providing all the people on this planet with sufficient food to satisfy everyday dietary needs for a healthy life. Ironically, food insecurity continues to be a critical issue in the contemporary world. More than 923 million people suffer from chronic hunger, malnutrition or related diseases, and this number grows with continually rising food prices. This article responds to the current food insecurity by addressing a new issue: is there any legal basis for both the international community and national governments to protect vulnerable people from hunger and malnutrition?


Ying Chen
S.J.D. Candidate, LL.M., Indiana University School of Law Indianapolis.

Shami Chakrabarti
Shami Chakrabarti is Director of Liberty.
Article

Establishing Protection Mechanisms for Bureaucrats

The Case of the Independent Oversight Board of Civil Service of Kosovo

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords Kosovo Civil Service, Civil service, Oversight Board, law, reform
Authors Dren Doli, Fisnik Korenica and Artan Rogova
AbstractAuthor's information

    This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission.


Dren Doli
Dren Doli is a Senior Research Fellow at the Group for Legal and Political Studies, and a Senior Lecturer on Law Principles at Universum University College, having served earlier as a Senior Legal Executive for Integration to the Kosovo Prime Minister.

Fisnik Korenica
Fisnik Korenica is a Lecturer on the Theory of State and Law at the University of Prishtina, and a Senior Research Fellow at the Group for Legal and Political Studies.

Artan Rogova
Artan Rogova is a Senior Research Fellow at the Group for Legal and Political Studies, as a Lecturer on Economics of European Integration at Universum University College.
Article

Act of Parliament: The Role of Parliament in the Legislative Process

A Commonwealth Perspective

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process
Authors Denis Kibirige Kawooya
AbstractAuthor's information

    Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation.


Denis Kibirige Kawooya
Denis Kibirige Kawooya is a Senior State Attorney in the Ministry of Justice and Constitutional Affairs, Uganda, a member of the Commonwealth Association of Legislative Counsel, Uganda Law Society, East African Law Society and an Advocate of the High Court of Uganda.

Alberto Alemanno
Associate Professor of Law, HEC Paris, and Editor of the European Journal of Risk Regulation. The author wishes to thank two anonymous referees for their valuable inputs. Comments are welcome at: <alemanno@hec.fr>.

Bernd van der Meulen
B.M.J. van der Meulen is Professor of Law and Governance at Wageningen University, the Netherlands <http://www.law.wur.nl/uk>; Chairman of the Dutch Food Law Association <http://www.nvlr.nl>; Director of the European Institute for Food Law <http://www.food-law.nl>; member of the Board of Directors of the European Food Law Association <http://www.efla-aeda.org>; and member of the Editorial Board of the European Food and Feed Law Review <http://www.lexxion.eu/effl>. This contribution elaborates on previous publications, such as: Bernd van der Meulen and Menno van der Velde, European Food Law Handbook (2008), available at: <http://www.wageningenacademic.com/foodlaw>; Irene Scholten-Verheijen, Bernd van der Meulen and Theo Appelhof, Landkaart levensmiddelenrecht (2009); and Bernd van der Meulen, Harry Bremmers, Leon Geyer, Nidhi Gupta and Hans Bouwmeester, Nano Food Regulation: Towards an Adaptive Regulatory Infrastructure for Nanotechnology Applications in the Food Sector (forthcoming). Many thanks to Prof. Margaret Rosso Grossman, Anna Szajkowska and Irene Scholten-Verheijen for their valuable comments and suggestions. Comments are welcome at <Bernd.vanderMeulen@wur.nl>.
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