Valentin Pinel le Dret - Academia.edu (original) (raw)
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Università degli Studi di Firenze (University of Florence)
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Papers by Valentin Pinel le Dret
Contemporary specialists in comparative constitutional law are paying increasing attention to the... more Contemporary specialists in comparative constitutional law are paying increasing attention to the phenomena of "authoritarian constitutionalism", "abusive constitutionalism" or "stealth constitutionalism". The term "abusive constitutionalism", which at first sight appears to be acontradictio in adjecto, should be understood as describing the phenomenon whereby, in countries where a liberal democratic regime has been established and has functioned relatively well for some time, an authoritarian regime has been established, while maintaining a constitutionalist regime, or even when some symptoms of such a situation have emerged because of populist leadership. We consider that the phenomenon of authoritarian drift of constitutionalism occurs in a situation where control and criticism of political power by the media, legal control of government activities by the judiciary, as well as a change of government are less and less possible. This situatio...
Parliament reigns supreme in the United Kingdom. This constitutional balance that the Government ... more Parliament reigns supreme in the United Kingdom. This constitutional balance that the Government has been trying to disrupt for countless years, particularly through its prerogative powers, is not without finding a new "adversary" with the practice of referendum. Indeed, as supreme as it may be, can Parliament ignore the will of the people as expressed in a referendum? And if it cannot, what must we conclude from this constitutionally speaking, especially since the referendum initiative is essentially governmental? Could Westminster have denied the result of the Brexit in 2017? Was the latter binding toward it? If so, what should we conclude from this?
Study on the LGBT rights in Europe
Trust and Private International Law
Is the Islamic State really a State? A legal answer.
Contemporary specialists in comparative constitutional law are paying increasing attention to the... more Contemporary specialists in comparative constitutional law are paying increasing attention to the phenomena of "authoritarian constitutionalism", "abusive constitutionalism" or "stealth constitutionalism". The term "abusive constitutionalism", which at first sight appears to be acontradictio in adjecto, should be understood as describing the phenomenon whereby, in countries where a liberal democratic regime has been established and has functioned relatively well for some time, an authoritarian regime has been established, while maintaining a constitutionalist regime, or even when some symptoms of such a situation have emerged because of populist leadership. We consider that the phenomenon of authoritarian drift of constitutionalism occurs in a situation where control and criticism of political power by the media, legal control of government activities by the judiciary, as well as a change of government are less and less possible. This situatio...
Parliament reigns supreme in the United Kingdom. This constitutional balance that the Government ... more Parliament reigns supreme in the United Kingdom. This constitutional balance that the Government has been trying to disrupt for countless years, particularly through its prerogative powers, is not without finding a new "adversary" with the practice of referendum. Indeed, as supreme as it may be, can Parliament ignore the will of the people as expressed in a referendum? And if it cannot, what must we conclude from this constitutionally speaking, especially since the referendum initiative is essentially governmental? Could Westminster have denied the result of the Brexit in 2017? Was the latter binding toward it? If so, what should we conclude from this?
Study on the LGBT rights in Europe
Trust and Private International Law
Is the Islamic State really a State? A legal answer.