Constitutional Law Commons^™

Communiqué For Elders On Reconciliation, Reunification And Peace In Cyprus: An Inter-Communal Civic Initiative, Nicos Trimikliniotis

Nicos Trimikliniotis

The visit of Elders in December 2009 is coinciding with a critical moment in the negotiation process, which is gradually entering into its final crucial phase. The two leaders appear determined to move forward with a settlement, despite the inherent difficulties; the Elders’ visit can assist the process by encouraging the leaders to show courage and boldness so as to press on with an agreement as soon as possible. Unlike in 2004, where both process and outcome were in the end delegitimized as ‘externally imposed’ and ‘not properly balanced’, this time the process is entirely owned and controlled by the …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Preventing Racism, Xenophobia And Related Intolerance In Sport Across The European Union - Raxen Thematic Study On Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This is a staudy on racism in sport in Cyprus, part of the the RAXEN Network.

There is no comprehensive study, nor is there any systematic system of recording racist incidents and discriminatory practices in sport in Cyprus. To collect the necessary evidence for the purposes of this report the NFP relied on various secondary sources (books, media reports). Additionally, the report draws on interviews as well as extensive information gathering from the persons interviewed (see interview list). There is however some ‘concrete’ evidence in the form of specialised body reports and sanctions against particular clubs imposed by the tribunal …

Exceptions, Soft Borders And Free Movement For Workers, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter deals with issues of exceptions, soft borders and free movement for workers as illustrated in the Case of Cyprus. The chapter attempts to unravel some exceptional considerations aiming to restrict free movement for workers essentially on the grounds political and economic conditions that fall outside the edges of the law. The ECJ has repeatedly ruled that the scope of exceptions, derogations, issues relating to the territorial scope of treaties as well as various public policy and security considerations restricting free movement, are severely limited by the operation of the fundamental principles of the EU acquis. On the other …

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

The Neglected Right Of Assembly, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article considers changes in both our understanding of the constitutional right of peaceable assembly and our regulatory practices with respect to public assemblies. It shows that through the late nineteenth century the state could only interfere with gatherings that actually disturbed the public peace, whereas today the state typically regulates all public assemblies, including those that are both peaceful and not inconvenient, before they occur, through permit requirements. Through this regulatory shift, and judicial approval of it, the substance of the right of peaceable assembly was narrowed. The history recounted in this Article is significant because it provides insight …

2009: Αναγνώσεις Ενός Θρυμματισμένου Κόσμου, Nicos Trimikliniotis

Nicos Trimikliniotis

2009: Αναγνώσεις ενός θρυμματισμένου κόσμου Περιπέτειες Ιδεών, Τ.26 [18.1.2009] ΠΕΡΙΕΧΟΜΕΝΑ 1. Editorial Το Θέατρο φρίκης της γειτονιάς μας: Θρυμματισμένα οράματα και σώματα Αμάχων ΕΚΤΑΚΤΟ ΠΟΛΕΜΙΚΟ ΔΕΛΤΙΟ: Η ΚΑΡΔΙΑ ΜΑΣ ΣΤΗΝ ΠΑΛΑΙΣΤΙΝΗ ΤΟΥΦΕΚΙΖΕΤΑΙ 2. Avishai Ehrlich Σταματήστε τον Πόλεμο! 3. ΑΛΛΗΛΕΓΓΥΗ ΣΤΟΥΣ ΙΣΡΑΗΛΙΝΟΥΣ ΑΝΤΙΡΡΗΣΙΕΣ ΣΥΝΕΙΔΗΣΗΣ 4 . Λινοπάμπακος "Εν τζαι εζητησαμεν το φεγγαρι..." 5. Α.Δ. Ανευ Ορίων Στρατόπεδο συγκέντρωσης “Gaza Camp” ΓΙΑ ΤΗΝ ΕΛΛΗΝΙΚΗ ΕΞΕΓΕΡΣΗ ΚΑΙ ΤΟΝ ΑΥΤΑΡΧΙΚΟ ΚΡΑΤΙΣΜΟ 6. Μωυσής Μπουντουρίδης Για την ‘Κριτική της Βίας’ του Walter Benjamin 7. Walter Benjamin Κριτική της Βίας (αποσπάσματα) 8. Άκης Γαβριηλίδης Γιατί είμαι με τους κουκουλοφόρους 9 Αλεξάνδρα Πατρικίου Γιατί ΔΕΝ μπορώ …

Understanding The Prop 8 Litigation: The Scope Of Direct Democracy And Role Of Judicial Scrutiny, Ronald Steiner

Ronald L. Steiner

Once the California Supreme Court decision is handed down, the precise contours of the battle over Proposition 8 and marriage equality will change, but nothing on the political horizon will make moot many of the fundamental issues direct democracy raises for California and the nation. A special and enduring element of the Prop 8 controversy is the role of judicial review in the scrutiny of the results of ballot propositions. A slice of conventional wisdom seems to suggest that the results of plebiscites should be nearly immune from judicial review. On the other hand, many political and legal scholars are …

Decline To State: Diversity Talk And The American Law Student, Camille Gear Rich

Camille Gear Rich

No abstract provided.

The Unexceptionalism Of Evolving Standards, Corinna Barrett Lain

Corinna Lain

Conventional wisdom is that outside the Eighth Amendment context, the Supreme Court does not engage in the sort of explicitly majoritarian state nose-counting for which the “evolving standards of decency” doctrine is famous. Yet this impression is simply inaccurate. Across a stunning variety of civil liberties contexts, the Court routinely—and explicitly—bases constitutional protection on whether a majority of states agree with it. This Article examines the Supreme Court’s reliance on the majority position of the states to identify constitutional norms, then turns to the qualifications, explanations, and implications of state polling as a larger doctrinal phenomenon. While the past few …

A Comment On James Grimmelmann’S Saving Facebook, Susan Freiwald

Susan Freiwald

This paper comments on Professor James Grimmelmann’s article Saving Facebook (94 Iowa L. Rev. 1137 (2009) http://http://works.bepress.com/james_grimmelmann/20). provides a useful analysis of the privacy debates surrounding this social networking web site. Grimmelmann provides valuable sociological and psychological material for future legislators to draw on in considering legislative control of Facebook and similar sites. Grimmelmann uses Facebook to provide concrete examples of privacy concerns to build on the more general framework provided by the works of Daniel Solove. The comment does take exception to Grimmelmann’s analysis in several points. Chief among these is Grinnlemann’s lack of evidence in support of his …

13 Nationality And Citizenship In Cyprus Since 1945: Communal Citizenship, Gendered Nationality And The Adventures Of A Post-Colonial Subject In A Divided Country, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the issues relating to citizenship and nationality in Cyprus since 1945 from the colonial times to independence. It examines the historical context and evolution of citizenship in Cyprus and then it analyses the legal aspects of the modes of acquisition and loss of citizenship. Finally it looks at the current debates and the challenges of gender equality, migration, Europeanisation and reunification.

The Cypriot Roma And The Failure Of Education:Anti-Discrimination And Multiculturalism As A Post-Accession Challenge, Nicos Trimikliniotis

Nicos Trimikliniotis

This covers the period prior to 2008. At its outset, this study explores the general context of the Roma in Cyprus and their identity as Cypriot citizens, their legal classification, cultural identity and population concentration. It then examines the legal framework within which the Roma of Cyprus are educated by describing the provisions regarding access to education, as well as recent legislation transposing the anti-discrimination acquis. According to the Constitution of the Cyprus Republic, the vast majority of Roma are classified as belonging to the ‘Turkish community’ without a minority rights status and as such their access to education in …

Annan V: Rethinking The Viability Of The Constitutional Arrangement And Its Future Importance, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter argues that despite the post-colonial Zurich-London legacy and the flaws contained in the final version of the Annan Plan its central pillars provided the basis for a viable, workable and fair constitutional arrangement for both Greek Cypriots and Turkish Cypriots. The plan’s philosophy is in line with human rights conventions, UN resolutions, the EU Acquis and the High Level agreements of 1977 and 1979. It defines ‘a bizonal bicommunal federation with a single sovereignty, international personality and citizenship’. The alternative – the indefinite continuation of de facto partition, or a de jure partition, or a ‘return’ to a …

New Female Migration And Integration Related Policies In Cyprus [Co-Authored With Mihaela Fulias Souroulla], Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter is a state of the art on the national context of Cyprus on the subject of integration and migration of mifgrant women. This is a rather problematic venture given that the literature available on the subject is mostly ‘international’ and as such we are forced to erect artificial ‘national’ or ‘state boundaries’ in order to confine the ambit of our work. Secondly, there is an inherent contextual problem relating to the de facto division of the country in which we are faced with the fact that Cyprus is a bi-communal and bilingual country, but due to budgetary reasons …

The Use And Abuse Of Undeclared And Unprotected Labour: Migration, Europeanisation And The Role Of Trade Unions, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper considers the processes, the mechanisms and the social agency involved in what is a widespread phenomenon in Europe and the globe. The paper draws on experiences and knowledge from across Europe and beyond to illustrate the use and abuse of undeclared labour, particularly undocumented migrant labour within the process of European integration in order to consider ways to tackle it.

Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens

Haradja L Torrens

The author broaches the subject of the social state democratic promise in the scope of each citizen’s equalities and peculiarities. She outlines the conflict between constitutional rights and circumstantial limitations based on the analysis of economic, juridical and philosophical theories inspired in Ralws, Perelman, Härbele, Verdú and Dworkin. She points out its similiarity to the Brazilian Doctrine followed by Paulo Bonavides, stressing, at last, the post-positivist response to the legal principles for addressing political court trials through case law analysis.

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.