ERES:conference

In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative...

This article takes the European Court of Human Rights ' decision in Saadi v. Italy and uses it as an opportunity to re-examine the Canadian case of Suresh v. Canada (Minister of Citizenship and Immigration). The author argues that the national security exception in Suresh is no longer tenable in...

In the decade following 11 September 2001, the Canadian and British governments adopted many controversial legal measures to fight terrorism. They especially turned to stricter immigration laws to exclude and remove more easily those aliens suspected of involvement in terrorism. This strategy...

This paper proposes that the British doctrine of parliamentary sovereignty is slowly breaking down in practice, if not yet in theory. There appears to be an increasing recognition of alternative sources of law in the United Kingdom. These alternative sources are presently to be found in the...

This article examines the development of U.S. Chief Justice John Marshall's Aboriginal rights theory in Canadian constitutional law. Marshall constructed his theory in the late nineteenth-century Supreme Court decisions of Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v....

Up to now, unlike other types of vehicles like agricultural tractors, cars, trucks, buses or motorcycles, non-road mobile machinery (NRMM) has not had an EU wide type approval system. Instead, NRMMs were approved by individual member states using their own national regulations. This lack of...

Despite the proliferation of new types of personal mobility devices (PMDs) coming to the market in recent years there is no harmonised European regulations to govern their technical characteristics beyond the general requirements contained in the Machinery Regulation. The aim of this project was...

Despite the proliferation of new types of personal mobility devices (PMDs) coming to the market in recent years there is no harmonised European regulations to govern their technical characteristics beyond the general requirements contained in the Machinery Regulation. The aim of this project was...

This article proposes that British courts have an inherent power to issue nonbinding, common law ldquo;declarations of unconstitutionalityrdquo; when Parliament legislates against constitutional norms. Courts have already recognized higher-order principles as part of an emerging constitutional...