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Blog of the International Journal of Constitutional Law

Legal Possibilities in the Dissolution Case against the Peoples’ Democratic Party in Turkey

Tolga Şirin, Associate Professor of Constitutional Law, Marmara University, Turkey.

Turkish politics involves a graveyard of political parties, which have been dissolved since the Republic’s early years. Unfortunately, the world record in this regard probably belongs to Turkey, where the courts have, so far, dissolved at least twenty-four political parties with communist, Islamist, or pro-Kurdish tendencies.[1]

Some of these cases were brought to the European Court of Human Rights (from now on the ‘ECtHR’), who found a violation of freedom of association in all but one of them.[2] Therefore, the legislature performed many legal and constitutional amendments between 2001-2010 to solve this issue. Nowadays, as communism is no longer a danger and an Islamist party is in power for a long time in Turkey, one could think that Turkey has no longer a problem on this matter. However, the last development regarding the opening of a new dissolution Magic Retractable Garden Hose Flexible Garden Hose High Pressure against the Peoples’ Democratic Party (hereinafter ‘HDP’) showed that the sword of Damocles still hangs  over essentially pro-Kurdish political parties’ heads.

In this brief blog post, I will try to remark the legal possibilities in the HDP case before the Turkish Constitutional Court (after this, the ‘TCC’) without focusing on the political background of the case.

Read the rest of this entry…
Published on September 2, 2021
Author:          Filed under: Analysis
 

Convocatoria Segundo Número en Español: International Journal of Constitutional Law (ICON)

Tras el éxito de la convocatoria al primer número en español, El International Journal of Constitutional Law (ICON) tiene el agrado de anunciar que el primer número en español se publicará en el volumen 19, número 4, de este año. Pronto tendremos más noticias sobre la publicación de este número.

Tenemos el placer de invitar a la comunidad académica hispanoparlante a enviar artículos originales para ser publicados en el segundo número que ICON publicará completamente en español el año 2022.  

ICON busca consolidar un nuevo espacio internacional para la comunidad académica hispanoparlante interesada en el estudio del derecho público, mediante la publicación de artículos científicos escritos en español. Los artículos serán publicados en el volumen 20, número 4 de ICON, y se operará con las mismas formalidades y procedimientos que los números regulares de la revista. De esa manera, el número en español, al igual que los números en inglés, será incluido en la plataforma de Oxford University Press y los artículos aparecerán indexados en SCOPUS (primer cuartil) y WoS. Adicionalmente, los artículos serán de acceso y descarga gratuita.

Los artículos deben ser originales (no se aceptarán traducciones de artículos previamente publicados en inglés o en otro idioma) y deben cumplir con los mismos requisitos, tanto formales como sustantivos, que aquellos exigidos para los artículos publicados en inglés. Entre otros, los artículos no deben superar las 14.000 palabras (incluyendo notas al pie de página) y no deben ser sometidos a la consideración de otras revistas de manera simultánea. Adicionalmente, todos los artículos deben incluir un título, palabras claves, y un resumen en inglés y en español. El resumen debe sintetizar el argumento central del artículo en no más de 300 palabras.

Read the rest of this entry…
Published on September 2, 2021
Author:          Filed under: Announcements; Call for Papers, Editorials
 

What’s New in Public Law


Vini Singh, Assistant Professor & Doctoral Research Scholar, National Law University Jodhpur, India.


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. Kenyan Court of Appeals held Constitutional Amendment Bill 2020 as unconstitutional.
  2. The Delhi High Court recognized right to be forgotten.
  3. Brazil’s Supreme Court Nail Gilter Iridescent Holographic AB Nail Flakes Moon DIY Nail that the law granting autonomy to the central bank is constitutional.
  4. U.S. Supreme Court ended President Biden’s eviction moratorium.
  5. The Turkish Constitutional Court ruled that prison sentence for a column article violated journalist’s right to freedom of expression.

In the News

  1. The Supreme Court of India gets nine new judges, including three women.
  2. The Government of El Salvador is likely to introduce several constitutional reforms including a new constitutional court.
  3. South Korea faces resistance to proposed fake news bill.
  4. U.S. to finish evacuation despite bomb attack.
  5. President Qaies Saied of Tunisia renews emergency measures.
  6. BBI Secretariat decides to move to the Supreme Court of Kenya to salvage the Constitutional Amendment Bill 2020.

New Scholarship

  1. Gurshabad Grover et al, The Ministry and the Trace: Subverting End to End Encryption  14 NUJS L. Rev. 2 (2021) (contending that the different ways in which government attempts to trace end to end encrypted conversations are incompatible with the right to privacy.)
  2. Meital Pinto, Arbitrariness as Discrimination, 34 Canandian Journal of Law & Jurisprudence 391 (2021) (analysing the meaning of irrelevant distinctions in the context of discrimination law).
  3. Mark Tushnet, The New Fourth Branch: Institutions for Protecting Constitutional Democracy (2021) (examining the role of fourth branch institutions such as ombudsman, anti-corruption agencies, electoral management bodies in safeguarding constitutional democracy.)
  4. Moeen Cheema, Courting Constitutionalism: The Politics of Public Law and Judicial Review in Pakistan (forthcoming, 2021) (analysing judicial review jurisprudence of the superior courts in Pakistan).
  5. Bui Ngoc Son, Russia’s Big-Bang Constitutional Amendments, N.Y.U Journal of International Law & Politics (2021) (exploring Russia’s 2020 constitutional amendments). 
  6. Rekha Saxena, Constitutional Asymmetry in Indian Federalism: The Union Territory Model, Vol 56 EPW (2021) (examining the status of Union Territories in India in the context of asymmetrical federalism.)

Calls for Papers and Announcements

  1. The Yearbook of Socio Economic Constitutions invites submissions for its third volume to be published in 2022. The deadline for submission of proposals is September 17, 2021.
  2. The Institutum Jurisprudentiae, Academia Sinica would be hosting the 9th Asian Constitutional Law Forum on the topic Asian Consitutionalism in Troubled Times. The deadline for submission of abstracts is November 1, 2021.
  3. The Centre for Constitutional Law at Akron seeks proposals for its annual Colloqium to be held in February 2022. The theme is “Sexual Orientation, Gender Identity and the Constitution: How LGBTQ Rights are Defined, Protected and Preempted.” The deadline for submitting the abstracts and a CV is September 30, 2021.
  4. The NLUA Law Review invites submissions for its Volume 5, 2021. The deadline for submission of papers is September 30, 2021.
  5. The Catolica Law Review welcomes submission of articles in the field of public law for its Vol VI, Issue 1 to be published in January 2022. The deadline for paper submissions is September 30, 2021.
  6. The International Review of Human Rights invites submissions for VII issue to be published in February 2022. The last date for submission of manuscripts is September 5, 2021.

Elsewhere Online

  1. Carna Pistan, Call it by its Right Name, Verfassungsblog.
  2. Pierre de Vos, How the Qwelane Judgment Narrows the Scope of Prohibited Hate Speech, While Rejecting the Libertarian View of Freedom of Expression, Constitutionally Speaking.
  3. Gautam Bhatia, The Kenyan Court of Appeals BBI Judgment, Parts I, II and III, Indconlawphil.
  4. Priyanshi Bhageria, Recognition of Indirect Discrimination: An Analysis of Lt. Col. Nitisha v. UOI, Constitutional Law Society, NLU Odisha.
  5. Amado Tolentino Jr. Passage Through Phillipine Constitutions, The Manila Times
Published on August 30, 2021
Author:          Filed under: Developments
 

A “Hybrid Coup” in Brazil? Bolsonaro in Desperation Mode

Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development

[Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]

The statement that coups nowadays occur mostly from within the institutional framework, not by an external act of force, has become a pattern in comparative politics and constitutionalism. Books and papers on democratic crises, decays, or death with such a focus are best-sellers and largely cited in the field.[1] More specifically on constitutional law, concepts such as “abusive constitutionalism,”[2] “constitutional hardball,”[3] and “constitutional erosion,”[4] just to cite a few, have also been widely used. It is not anymore those classic coups where tanks roll towards presidential palaces or aircrafts bomb them, while military juntas take control of the government. It is rather the incremental subversion of democratic and constitutional tools for the benefit of would-be autocrats until there is no easy way back. But what about “hybrid coups,” a concept that Sergio Abranches, a Brazilian leading political scientist, recently coined to depict Bolsonaro’s strategy? Is Brazil undergoing a singular type of coup that mixes old-fashioned and modern tactics to destroy democracy? He is certainly moving in this direction. It does not follow, though, that he will succeed. In fact, “hybrid coups” may paradoxically be less efficient for such a purpose.

 “Hybrid coup” means that both strategies to undermine democracy from within and by an act of force are happening simultaneously, in a mutual reinforcing process that, in the end, may bring the worst of the scenarios. In this case, would-be autocrats would face some institutional resistance to their project: co-optation of institutions and individuals occurs, but it is just not enough; a coalition in Congress is built, but it is not solid and not even majoritarian for some legislative proposals, let alone for constitutional amendments; court-packing or other forms of attacks on courts are on the radar, but the level of judicial autonomy and strength plays against those moves. On the other hand, the civilian control over the military may be less real than first thought, so there is leeway to adopt the military as a threatening force by the Commander-in-Chief if his or her plans on the other front are not working. One strategy feeds the other, so institutional resistance is counter-attacked with threats of an alleged strength by this backing of the military. Step by step politics is dominated by an increasing fear of the escalation of the crisis, and again and again there is a “normalization” of conflicts at previously unacceptable levels. In the end, there is no easy way back, not because the would-be autocrat was successful enough to subvert the institutional framework for his or her benefit by using constitutional tools, but because, to do so, he or she needed to resort to threats of a classic coup backed by the military. Institutions then increasingly accept a higher margin of negotiation with the executive in order to “normalize” their conflicts. When they realize that such a normalization has already gone too far, it is too late.

Read the rest of this entry…
Published on August 25, 2021
Author:          Filed under: Analysis
 

Covid Stories: A Call for Submissions to ICON

Stories of the impact of Covid 19 on inequalities in academia and beyond

When the Covid 19 pandemic first started spreading globally in spring 2020, it seemed it could be an “equalizing threat”: The virus affected people in various parts of the world, regardless of nationality, wealth, social standing. It quickly became clear, however, that the pandemic was anything but equalizing. Depending on their professions, housing situation and social environment, people could withdraw, to very different degrees, from social interactions that put them at risk. Medical data suggest that minority and already disadvantaged groups suffered a considerably larger percentage of infections and hospitalizations (cf. e.g. here). And it was not only the primary risk of illness that was not affecting people equally. The secondary effects of the pandemic have also had a significant impact on existing inequalities – such as the effects on caring duties and responsibilities, economic pressures, mobility restrictions, dependence on connectivity and digital devices, to name but a few.

This ICON symposium is somewhat different in nature from previous symposia. The aim is to collect and present a number of individual stories from the pandemic that help to illustrate some of its impacts on existing social inequalities and injustices. Our focus is on the various effects that the pandemic has had on the legal academy, and on scholars and scholarship. This includes the repercussions for parents and other caregivers (very often women) in academia of months without childcare or school, or with greatly reduced childcare and school. Academic journals in various fields have already pointed to the significantly reduced number of submissions by women (see e.g. here). A recent Editorial in ICON discusses the “unequal impact of the pandemic on scholars with care responsibilities” and asks what journals and others can do.

Of course, the unequal effects of the pandemic have arisen also in other areas: the transition into digital discussion formats – zoom, webinars and more – has removed access barriers for some, while it has erected new barriers for others. And the unequal effects of the pandemic have been differently felt and experienced by many scholars in various parts of the Global South, as well as along other important intersectional lines.

We are interested also in looking beyond academia, hearing about and examining through the lens of public law how the pandemic has affected social inequalities more broadly.

To that end, we invite abstracts for what should later become short thinkpieces (Covid stories) of 3000-5000 words. We encourage authors not to limit themselves to the traditional format for scholarly papers but to share their personal reflections and experiences. In that sense, we want to hear your stories of the pandemic, and the various ways in which it impacted your life, including your academic work and scholarship. Our plan is to curate this symposium with a view to presenting a diversity of perspectives and experiences, meaning that the selection of contributions will depend not solely on conventional academic qualities but also on a range of other considerations. Please send your abstracts of around 500 words to iconassociateeditor@nyu.edu before 1 October 2021.

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Published on August 24, 2021
Author:          Filed under: Announcements; Call for Papers
 

What’s New in Public Law


–Wilson Seraine da Silva Neto, Master Student at the University of Coimbra – Portugal; Postgraduate Student in Constitutional Law at Brazilian Academy of Constitutional Law


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law.

“Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Court of Appeal of Kenya, in a landmark judgment, held that basic structure doctrine is applicable in Kenya and upheld a lower court decision finding a constitutional amendment unconstitutional. A ruling that could shake up the political landscape less than a year before elections.
  2. The Supreme Court of India held that merely because the law allows arrest does not mean the State can use the power indiscriminately to crush personal liberty.
  3. The Supreme Court India ruled that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order, allowing more women to serve in India’s armed forces.
  4. The Supreme Court of Sri Lanka suggested changes to a tax amnesty but largely dismissed petitioners’ claims that the bill was inconsistent with the country’s Constitution.
  5. The Constitutional Court of Turkey issued two decisions regarding the sanctions and measures taken against two applicants’ freedom of speech. The Court held in both cases that the restrictions of rights and freedoms must have a legal basis, rely on legitimate causes and comply with the needs of a democratic society and the principle of proportionality according to Article 13 of the Constitution of Turkey.
  6. The Constitutional Court of Uganda scrapped a controversial anti-pornography law that, among other things, prohibited wearing miniskirts in public in a decision hailed by women’s rights campaigners.
  7. The Federal Police preventively arrested former deputy and a party president Roberto Jefferson (PTB-RJ), after the determination of a Justice of the Supreme Court of Brazil, Alexandre de Moraes, for aiding digital militia in an attack on democratic institutions.

In the News

  1. The Supreme Court of Texas declined to back the governor’s ban of school mask mandates.
  2. President Abdel-Fattah El-Sisi ratified amendments to some provisions of the Supreme Constitutional Court of Egypt. As a result, the court will monitor the constitutionality of the decisions of international associations and organizations and foreign court rulings required to be put into effect.
  3. The Constitutional Court of Spain plans to address the deliberation of the sentence on the abortion law, pending for 11 years.
  4. For the first time, three women judges were recommended together for an elevation to the Supreme Court of India, one of whom could go on to become the first female Chief Justice.
  5. The President of Angola appointed Laurinda Jacinto Prazeres Monteiro Cardoso a Chief Judge of the Constitutional Court.
  6. Irēna Kucina has been picked by the Cabinet of Ministers for the post of judge of the Constitutional Court of Latvia.
  7. After threatening justices of the Supreme Federal Court of Brazil Alexandre de Moraes and Luís Roberto Barroso with impeachment, President Jair Bolsonaro defended his action in a dialogue with the justices. Both justices have been recently criticized by the chief executive, which has resulted in an institutional crisis.
  8. A New Zealand Supreme Court Justice and President of the International Association of Women Judges has called on the Government to help secure safe passage for female members of the Afghan judiciary and their families.

New Scholarship

  1. Supremo Tribunal Federal. Suprema: Revista de Estudos Constitucionais (2021)  (journal dedicated to the analysis of functioning and decision-making of the Supreme Court of Brazil)
  2. Theophilus Edwin Coleman. Reflecting on the Role and Impact of the Constitutional Value of uBuntu on the Concept of Contractual Freedom and Autonomy in South Africa (2021) (examining the role and influence of the constitutional value of ubuntu on the principle of contractual freedom and autonomy in South Africa)
  3. Alex Zhang, Ostracism and Democracy (2021) NYU Law Review Online (examining recent efforts to remove former President Trump from the public eye with reference to an ancient Greek electoral mechanism ostracism)
  4. Steven Gow Calabresi, The History and Growth of Judicial Review: Volume 1 The G-20 Common Law Countries and Israel (2021) (examining the origins and growth of judicial review in the key G-20 constitutional democracies)

Calls for Papers and Announcements:

  1. IFIM Law School, India, in collaboration with the Centre for Peace Studies, Bangladesh, organize an online conference on “Challenges and Trends on Migration,” to be held on November 19-20, 20221. The deadline for submitting abstracts is August 31.
  2. The 3rd International Summer School “Current Legal Issues in Post-Conflict and Transitional Societies,” co-organized by Bahcesehir Cyprus University, University of Sarajevo, and Association Pravnik Sarajevo, will be held online on September 1-3, 2021. This year’s theme is “Global South Epistemologies and Post-Conflict Societies.”
  3. Ruhr Universität Bochum and Swansea University organize an online workshop on “Constitutionalism in Troubled Times,” to be held on September 15, 2021.
  4. The Organizing Committee of the 6th Coimbra International Conference on Human Rights opens the registration for listeners until October 10. The Conference will be held on October 12-14, 2021.
  5. Comparative law scholars are invited to submit a paper to the next annual Comparative Law Work-in-Progress Workshop, which be held online on February 3-5, 2022, hosted by the University of Illinois College of Law, and co-hosted by the Princeton University and the University of Pennsylvania Law School. Interested authors should submit papers to Jacqueline Ross at jeross1@uillinois.edu no later than December 1, 2021.

Elsewhere Online

  1. José Manuel Aroso Linhares, Aula aberta com o Prof. Dr. José Manuel Aroso Linhares: Diálogos com Habermas e Waldron, YouTube channel of the PPGD-UFPel
  2. Martha Minow, How the government can support a free press and cut disinformation, The Harvard Gazette
  3. Jeffrey Rosen, Should Chevron Be Overturned?, Podcast We The People
  4. Rodrigo Becker and Afonso Freire, Grupo de Pesquisa – Suprema Corte dos EUA, YouTube
  5. André Coelho, Curso de Teoria do Direito, YouTube
  6. David Sobreira, Crise e putrefação constitucional: Uma conversa com Jack Balkin sobre os fenômenos que têm levado à decadência das democracias, JOTA
  7. Bruno Santos Cunha, STF vs. Supreme Court, Migalhas
  8. David Cameron, Durable Table Runner 13"x108" Dresser Scarf for Kitchen Table Di, Yale MacMillan Center
Published on August 23, 2021
Author:          Filed under: Developments
 

Constitutional Amendment and Dismemberment in Kenya


Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin


Yesterday, the Court of Appeal of Kenya announced its highly-anticipated judgment on the Building Bridges Initiative Constitutional Amendment Bill (BBI). The Court of Appeal largely upheld the High Court’s ruling, holding that the BBI violates the basic structure of the Constitution.

Among the seven judges on the Court of Appeal, at least four referred to the concept of “constitutional dismemberment” in arriving at their collective conclusion that the BBI exceeds the authority of amending actors, as reported by journalists at The Saturday Standard (Robert Abong’o and Too Jared) and The Star (Oliver Mathenge).

Justice Daniel Musinga, President of the Court of Appeal, observed that “any amendment that alters the constitution fundamentally is not an ordinary constitutional amendment. It amounts to the dismemberment of the constitution.”

Justice H. M. Okwengu seized on the “distinction between amendment and dismemberment or change and remaking of a constitution.”

Justice Patrick O. Kiage described the BBI as “effectively dismembering the constitution, blasting so huge a hole in it as to pulverize, and essentially create a new Constitutional order.”

And Justice S. Gatembu Kairu stressed that the BBI is permissible “provided the amendments proposed do not amount to dismemberment.”

In this short post, I discuss the conceptual foundations of constitutional dismemberment in the context of this historic judgment.

Read the rest of this entry…
Published on August 21, 2021
Author:          Filed under: Developments
 

Cancelling Carl Schmitt?

J.H.H. Weiler, co-Editor-in-Chief, International Journal of Constitutional Law

[Editors’ Note: This piece will be published in the next edition of the International Journal of Constitutional Law (I•CON) as part of the editorial]

Sooner or later, I have been telling myself, we, too, editors of learned journals and the like will face this issue, which has been at the center of controversy in other areas of public life. A European colleague recently sent me a letter he received from a student-edited American law journal in which the editors asked him to remove two footnote references to Carl Schmitt because of his Nazi past. My colleague sought my advice.

I should immediately say that my reflections here are personal and, given the complexity of the issues, are not necessarily shared in full or in part by my fellow editors of I•CON and EJIL. I should add that my views are not categorical, and I believe a (civil) public debate would be useful in trying to think through this issue. I remind our readers that both I•CON and EJIL have introduced a new rubric—Letters to the Editors (https://doi.org/10.1093/icon/moab010)—which will appear on our respective blogs as well as in print, with the attendant gravitas and longevity. This issue seems to me a perfect topic where letters (up to 500 words) could be one appropriate medium for such debate.

In my answer to my European colleague, I first expressed the view that “cancelling” Schmitt from public law and political theory scholarly discourse was an idea or policy I could not support. So I advised my colleague to reject the student editors’ request. And, as is for everyone to see, both EJIL and I•CON publish articles that discuss or reference Schmitt. We are journals of public law, so it would be odd if Schmitt did not pop up regularly.

But I also expressed empathy and sympathy with the underlying sentiment and concern of the student editors of the journal in question. Whence this empathy and sympathy?

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Published on August 20, 2021
Author:          Filed under: Editorials
 

What’s New in Public Law


Maja Sahadžić, Visiting Professor and Research Fellow (University of Antwerp)


In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of Nepal delivered a historic judgment on the House of Representatives dissolution.
  2. The Constitutional Court of Turkey ruled that a lengthy interim injunction violated a citizen’s right to property.
  3. The Constitutional Court of France approved a Covid pass that limits access to public areas to people who have not been vaccinated or tested negative for the coronavirus.
  4. The Supreme Court of India upheld an arbitration order effectively blocking the multibillion Reliance-Future acquisition deal.
  5. The Constitutional Court of Angola validated the constitutional revision.
  6. The Constitutional Court of South Africa reserved a judgment in an application by the Women’s Legal Centre on the recognition of Muslim marriages under South African law.
  7. The Supreme Court of the United States of America blocked a part of the state’s eviction moratorium that bars landlords from evicting certain tenants in the midst of the pandemic.

In the News

  1. The interviews for the South African Constitutional Court vacancies carried out earlier this year will be held again in October after a successful application from civil society.
  2. The upper house of the Indian parliament approved The Taxation Laws Amendment Bill to end all retrospective taxation.
  3. The government of the United States of America issued an executive order blocking the property of individuals contributing to the authoritarian regime in Belarus.
  4. The Polish Parliament passed a controversial media bill.
  5. The sitting of the Australian Parliament is postponed after the nation’s capital was plunged into a lockdown.
  6. The Members of the Ugandan Parliament who have not been vaccinated against the coronavirus will not be allowed to attend parliament sessions.

New Scholarship

  1. Patricia Popelier, Bjorn Kleizen, Carolyn Declerck, Monika Glavina, and Wouter Van Dooren, Health crisis measures and standards for fair decision-making: a normative and empirical-based account of the interplay between science, politics and courts European journal of risk regulation (examining, in the light of the COVID-19 crisis, the room for judicial oversight of health crisis measures based on the public’s expectations of how governments should act in the interplay with experts).
  2. Mariano Croce and Frederik Swennen, Cont(r)actualisation: a politics of transformative legal recognition of adult unions 30(2) Social and Legal Studies (explores a new legal recognition model that emphasises the transformative potential of people’s use of family law).
  3. Eva Maria Belser, Thea Bächler, Sandra Egli, and Lawrence Zünd (eds.), The Principle of Equality in Diverse States, Reconciling Autonomy with Equal Rights and Opportunities (2021) (examining different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy).
  4. Ali Dayioğlu and Mustafa Çirakli, Turkish Nationalism and the Cyprus Question: Change, Continuity and Implications for Engagement with Northern Cyprus 20(4) Ethnopolitics (exploring the change and continuity in the Turkish policy toward Cyprus since the de facto partition of the island in 1974).
  5. Brian Christopher Jones (ed.), Democracy and Rule of Law in China’s Shadow (2021) (providing detailed insight into some of the most contentious events occurring in jurisdictions operating within China’s vast shadow).

Calls for Papers and Announcements

  1. The Institutum Iurisprudentiae Academia Sinica accepts papers for the 9th Asian Constitutional Law Forum to be held in Taipei on 13-14 May 2022.
  2. The Institutum Iurisprudentiae Academia Sinica Lunarable Lets Stay Home Coverlet, Curly Hand Written Lets Stay an online book talk on “Hate Speech in Japan—The Possibility of a Non-Regulatory Approach” to be held online at 13:00 UTC on 1 October 2021.
  3. California State University Channel Islands announces a vacancy for a new faculty position in Constitutional Law. The deadline for applications is 20 September 2021.
  4. The IFIM Law School organizes the research colloquium “Business and Human Rights” on 23 October 2021.
  5. The Conference Committee of the International Initiative organization for Human Rights (IIOHR) invites participants to the International Human Rights Conference “Elimination Violence Against Women & Children, Human Trafficking and Child Abuse” to be held in Massachusetts on 21-24 September 2021.
  6. The College of Law & Business and the Law & Ethics of Human Rights Journal organize the symposium “Crowdsourcing and the Decline of the Individual”. The deadline for abstracts is 2 September 2021.

Elsewhere Online

  1. Martina Trettel, Democratic innovations against climate change: the French Citizens’ Convention on Climate, Eureka!
  2. Wojciech Sadurski, The Disciplinary Chamber May Go – but the Rotten System will Stay, Verfassungsblog
  3. Emilio Peluso Neder Meyer and João Andrade Neto, Courts are Finally Standing up to Bolsonaro, Verfassungsblog
  4. Lindsay F. Wiley and Steve Vladeck, Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge, lawfareblog
  5. Eya Jrad, Constitutional or Unconstitutional: Is That the Question?, Arab Reform Initiative
  6. Rosalind English, Poland’s disciplinary chamber for judges threatens rule of law – ECJ, UK Human Rights Blog
  7. Jason Marczak and Wazim Mowla, Cuba’s protests have ebbed. But the forces that fueled them are as powerful as ever, Atlantic Council
  8. Alison L Young, Judicial Review of Policies – Clarification or Judicial Retreat?, UK Constitutional Law Blog
Published on August 16, 2021
Author:          Filed under: Developments
 

Imagineering the Post-Conflict State: International Peacebuilding as Civilising Mission

Armi Beatriz E. Bayot, University of Oxford Faculty of Law

[Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]

Considering the far-reaching interventions involved in international peacebuilding, such as those aimed at demilitarisation, institutional reform, human rights monitoring, electoral reform, economic development, and even international territorial administration,[1] it is not surprising that many scholars have likened it to a modern-day civilising mission.[2] Indeed, international peacebuilding has been described by no less than one of its key proponents as an updated and more benign version of the mission civilasatrice. Paris says that international peacebuilders transmit “standards of appropriate behaviour from the Western-liberal core of the international system to the failed states of the periphery,” making international peacebuildingthe globalisation of a particular model of domestic governance: liberal market democracy.[3]

International peacebuilding is the imagineering[4] of a post-conflict state. Like the civilising mission of old, it seeks to re(construct) peoples and their spaces in the image of the civiliser. It is also built on the premise that old “corrupt,” “backwards,” or indeed “uncivilised” systems must be removed in favour of a new, superior paradigm. International peacebuilding operations have usually been top-down affairs, particularly when led by the UN under its broad mandate to maintain international peace and security. Through peacebuilding efforts, a conflict-affected state is remade in order to make it resistant to a relapse to violent conflict. As former UN Secretary General Boutros Boutros-Ghali said, “There is an obvious connection between democratic practices – such as the rule of law and transparency in decision-making – and the achievement of true peace and security in any new and stable political order. These elements of good governance need to be promoted at all levels of international and national political communities.”[5] The liberal peace paradigm has informed the United Nations peace agenda since the 1990s.

Paris distinguishes the modern civilising mission from the old imperialist model by pointing out that international peacebuilders are not (primarily) motivated by profit or similarly sinister objectives.[6] With the profound impact that international peacebuilding can have on local communities, however, “benign” is probably too mild a word to describe it.

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Published on August 11, 2021
Author:          Filed under: Analysis