The widespreadunderstandingthat the ECJ'searly fundamental rights jurisprudence in Internationale Handelsgesellschaft (1970) and other cases was developed in response to judgments of theGerman and Italian Constitutional Courts has recently been questioned.Delledonne and Fabbriniclaimboth that...

The paper analyzes the approach of Sir John Fortescue to the law and politics of constitutions, and especially constitution-making in fifteenth century England in his works De Laudibus Legum Angliae, and The Governance of England. In these mirrors for princes, Fortescue outlines the optimum...

Dicey's view of the English constitution as historical was traditional, but he promoted, and imported to that constitution, a history that was comparative, critical and modernist. His promotion of history as comparison affected his treatment of Magna Carta and his view of its importance to the...

In response to highly selective recent treatment, Dicey's rule of law contribution is presented, not merely as coining or popularising the well-known phrase, but as multi-faceted. It was the express, methodical and comprehensive incorporation of the rule of law as one of two pervasive...

A discussion of the recent referendum in the United Kingdom (UK) on membership of the European Union (EU) and, in particular, to consider the immediate aftermath and longer-term implications of the decision to leave

The “United Kingdom European Union membership referendum” triggered a procedural and legal path leading up to the exit of Great Britain from the EU, thus resulting in a halt to the integration process of this community started off back in 1973. From this point of view, Brexit is to be seen...

In most countries Parliamentary immunity protects lawmakers from civil or criminal charges while in office, and it shields them from prosecution for their political speech or political actions. This paper presents the first empirical analysis in the literature of the impact of Parliamentary...

The author explores the values and forces that influenced judicial and federal cabinet decisions regarding the constitutional validity of over one hundred British Columbia statutes discriminating against persons of the Japanese or Chinese race passed between 1872 and 1922. He argues that the...