Vijaya Lakshmi Pandit

Vijaya Lakshmi Pandit (née Swarupa Kumari Nehru) was a famous diplomat, politician and Indian freedom fighter during the 20th century. Her role in international politics and relations as well as the development of the model and formation of the United Nations is oftentimes shadowed by her connection to her brother Jawharlal Nehru, the first president of independent post-colonial India, and Mahatma Ghandi, who she fought alongside with for an Indian state free from British imperial rule.

19. Juni 2025

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In dubio pro Richterernennung

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Mit ihrer Sperrminorität blockiert die Thüringer AfD-Fraktion die Neubesetzung des Richterwahlausschusses. Aber existiert ihr Druckmittel überhaupt? Muss der Richterwahlausschuss tatsächlich erst neu besetzt oder eine Übergangsregelung geschaffen werden, bevor neue Richter:innen ernannt werden können? Die Vorschriften des DRiG eröffnen einen Ausweg.

19. Juni 2025

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When Failure Succeeds and Success Fails

Despite its modest uptake since its inception in 2012, the European Citizens' Initiative (ECI) has become the subject of several cases before the Court of Justice of the EU. The ECI is the world's first and only instrument of direct transnational democracy, allowing a group of at least seven European citizens from seven different EU member states to request that the Union take new action. The growing legal challenges around successful but ineffective ECIs reflect a fundamental mismatch between constitutional recognition of participatory democracy and institutional realities.

19. Juni 2025

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A Constitutional Settlement Is Poland’s Only Hope

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In Poland, the narrow defeat of liberal Warsaw Mayor Rafał Trzaskowski by the ultra-conservative Karol Nawrocki in the June 1st presidential election marked a turning point. The possibility of restoring the pre-2015 constitutional order has effectively vanished. But this does not mean Polish democracy is doomed. Poland’s European partners must recognize the dramatic shift Polish voters delivered. Rather than fixating on the formal legality—or illegality—of the dizzying array of judicial reforms and counter-reforms enacted since 2015, the time has come to encourage all sides to pursue a national constitutional settlement. This new framework must address not only judicial independence but also the deeper social and political polarization now defining Polish life.

18. Juni 2025

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Standing in the Face of Illiberal Elections

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Venezuela held local and parliamentary elections on May 25th which Maduro’s allies won with an overwhelming majority. Even though Maduro had severely tilted the playing field in his favor, the regime did not have to alter the results from what was evident in the exit polls. This was partly because an important part of the opposition called for a boycott of the elections. We argue that for a beleaguered opposition, the question whether to boycott an election should reflect both pragmatic and strategic considerations of the prospects for democratic resistance.

18. Juni 2025

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Legalising Authoritarianism through Pakistan’s Supreme Court

On 7 May 2025, Pakistan’s Supreme Court overturned its own previous judgment from October 2023 that had declared military trials of civilians unconstitutional. The newly constituted Constitutional Bench reinstated clauses of the Pakistan Army Act that allow for the prosecution of civilians in military courts. The ruling was justified on national security grounds, citing the need to prosecute attacks by civilians on military installations, a rationale that conflates dissent with terrorism and bypasses the safeguards of civilian legal processes. This decision not only reverses prior precedent but also marks a troubling endorsement of military jurisdiction over civilian matters, raising fundamental concerns about the erosion of judicial independence and the rule of law.

18. Juni 2025

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Protection Nowhere

Im Zuge der GEAS-Reform wurde das Konzept „sicherer Herkunftsstaaten” bereits ausgeweitet. Am 20. Mai 2025 hat die Europäische Kommission nun erneut einen Vorschlag für Verschärfungen vorgelegt. Ob die Pläne – Abschaffung des Verbindungskriteriums und der automatischen aufschiebenden Wirkung von Rechtsbehelfen – mit Völkerrecht und Unionsrecht vereinbar sind, ist allerdings umstritten.

17. Juni 2025

Artificial Constitutionalism?

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Large language models (LLMs) are rapidly becoming embedded in everyday life, serving functions that range from professional assistance to entertainment and even emotional support. As their popularity and adoption grow, so do the legal questions surrounding their use – especially when interactions with individuals result in harm. A crucial threshold issue in establishing the legal framework applicable to LLMs, including the responsibilities of their developers, is whether their outputs – often resembling human expression – can receive constitutional protection as “speech” The question is also key to determining the applicable legal regime, the liability of AI developers for such content, and its potential consequences for individuals.

17. Juni 2025

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A Door Opened, But Not Fully

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On 12 June 2025, the European Court of Human Rights issued a judgment in T.H. v. the Czech Republic – the first case brought by a non-binary person. The Court found a violation of Article 8 of the Convention for requiring sterilisation as a precondition for legal gender recognition. Yet, the misgendering of the applicant, the Court’s silence on Articles 3 and 14, and the absence of compensation all temper the applicant’s win.

17. Juni 2025

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Beyond Legal Restoration

A recently published proposal by former Constitutional Court judge Béla Pokol suggests introducing a new emergency regime designed to defend Hungary’s illiberal system against potential re-democratization efforts by a future government. Together with international criticism of Poland’s judicial reform in its process of democratic renewal, this provokes a profound reckoning: traditional legal formalism may no longer serve the needs of constitutional recovery. It is time for a post-formalist approach to democratic reconstruction.

17. Juni 2025

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