Conflict between the judges and government is built into the very concept of the judicial protection of human rights. The Human Rights Act does presuppose a basic consensus on human rights between the judges, on the one hand, and the government, people and Parliament on the other.
Brazil presents a classic example of a constitutional failure to fulfill the crucial task of state coordination. How can we explain that a constitution full of socio-economic rights provisions created, after all, a long-lasting social tragedy?
FLJS is an independent non-profit organization affiliated with the University of Oxford, dedicated to bridging the gap between academia and policymaking.
Professor Roemer, Professor of Political Science and Economics, Yale University, argues that Rawlsian veil-of-ignorance thought experiments will not produce the recommendations that egalitarians desire, and that a more direct and non-contractarian approach must be taken to integrate responsibility into egalitarian theory.
Constitutional expert Prof Rivka Weill reveals the unique challenge that secessionists pose to constitutional democracies. She argues that democratic states use potent and carefully disguised constitutional tools to prevent secessionists from achieving their goals, leaving no option but for them to resort to extra-legal means.