The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

This article deals with certain legal and policy issues in the non-state insular areas of the United States (American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the United States Virgin Islands), and less directly with islands in quot;free associationquot; with the United States...

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

The European Union (Withdrawal) Act 2018 forms the centrepiece of the UK's domestic legal preparations for its departure from the European Union. The Act aims to capture and domesticate large swathes of EU law so as to safeguard legal continuity upon Brexit. This paper examines the process by...

The European financial and euro area debt crisis has exposed fundamental flaws of the system of economic governance in the euro area and namely of the legal framework introduced into primary Union law by the 1992/1993 Treaty on European Union governing economic policy coordination. This crisis...

June Medical Services L.L.C. v. Russo has already begun gaining a certain reputation as a Trojan Horse: in form, a pro-choice ruling that overturns a Louisiana anti-abortion measure, but in substance, an anti-choice, pro-life decision that sets the stage for future reversals of the Supreme...

The acquits of inter-governmental agreements, being signed by forty-six States in the Bologna Process context, as a starting point promoted by the European Union States, regions and universities to promote an area for academic integration (European Higher Education Area), is applied to three...

Litigation against a government presupposes that it is amenable to suit and there is a court of competent jurisdiction. This paper deals with the amenability to suit of, and the jurisdiction of courts over, the executive governments of the Australian Commonwealth and States. Its purpose is to...

In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...

This monograph aims to orient readers to some basic concepts and principles of Philippine politics, law, government, constitution, and spirituality of social transformation. These topics are indeed broad and one book for this would surely be not enough to discuss them comprehensively. Therefore,...