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-making on territorial matters in a constitutional democracy. This article analyzes such tensions and contrasts Brexit with the … reasoning of the Supreme Court of Canada in the Quebec case, holding that democracy was not a simple majority rule. Yet, it is …
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The widespreadunderstandingthat the ECJ'searly fundamental rights jurisprudence in Internationale Handelsgesellschaft (1970) and other cases was developed in response to judgments of theGerman and Italian Constitutional Courts has recently been questioned.Delledonne and Fabbriniclaimboth that...
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Whilst the use of European consensus by the European Court of Human Rights is receiving some attention in the relevant scholarship, there has been very little assessment of the validity of the assumption that this method of decision making enhances the legitimacy of judgments. There has also...
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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...
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This report argues that the UK should urge Turkey to ensure that its state of emergency declared under Article 15 of the European Convention on Human Rights (ECHR; the Convention) remains temporary; that the emergency measures taken by Turkey following this declaration remain proportionate to...
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