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...

This Article explores the original meaning of the word “Emolument(s)” in the Constitution. It identifies four common definitions in founding-era political discourse. It places the constitutional use within its context as part of a larger reform movement in Britain and America and as driven...

In January 2020, President Vladimir Putin surprised Russians and the international community by proposing a sweeping set of constitutional reforms aimed at developing “state structure and domestic policy.” In his state-of-the-nation address, Putin explained that while Russia’s 1993...

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...

Regulating speech online has become a key concern for lawmakers in several countries. But national and supranational regulatory efforts are being met with significant criticism, particularly in transatlantic perspective. Critiques, however, should not fall into the trap of merely relitigating...

For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned...

Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching judges, closing schools, stripping courts...

In April 2020, I posted on SSRN a proposed draft Voting Rights and Reform Act of 2021, and in August 2020, I posted a set of proposed constitutional amendments to reform the U.S. Supreme Court, the office of the U.S. Attorney General, issues relating to the inability and succession of the...

Banks are essential for commerce and for companies in general, as they are responsible for financing operations, offering credit and investing in start-ups, thus moving our economy with the criterion of the invisible hand, "laissez faire, laissez passer" by Adam Smith.Banks have been marked by a...

This doctorate thesis investigates how federalism choices adopted by the Brazilian Constitution of 1988 impacts judicial review. In order to address this central question, this work was structured in three sub-questions designed to study specific federalism constitutional options pertinent to...