Articles for category: English Articles

Banning AI for Political Campaigns

On 2 January 2025, the Indonesian Constitutional Court banned the use of Artificial Intelligence by political candidates to design campaign portraits, citing ethical concerns and a violation of the constitutional "honest principle." This post explores the cultural context behind this unique decision, focusing on how Indonesia’s communal values and emphasis on outward appearance shape both the Court’s reasoning and the petitioner’s arguments.

Trump and the Folklore of Capitalism

How can we make sense of the return of Donald Trump, who again convinced enough US voters of his populist bonafides? Populist authoritarianism has made inroads around the world. Only Trump’s version, however, probably brings together so much wealth and power, with super-rich business executives now at the helm. Here I tap a brilliant but neglected book, The Folklore of Capitalism (1937), by the legal scholar and New Deal trustbuster, Thurman Arnold (1891-1961), to understand this remarkable development. Folklore of Capitalism helps explain Trump’s wide appeal, despite the electorate’s disagreements with many of his policy preferences.

On Peru’s Constitutional Crisis

Two hundred years after gaining independence, Peru finds itself in a state of political instability. Over the past six years, the country has had six different presidents — largely due to a persistent power struggle between the Legislative and Executive branches. The ongoing turmoil indicates that Peru finds itself in a constitutional crisis– a crisis that encompasses both the constitutional text, tainted by its authoritarian history, and the political constitution, understood as the actual form of government.

Why Armenia is Not Referring the Situation to the ICC

It has been a year since Armenia acceded to the Rome Statute, marking a new institutional chapter for the country. The decision to join the ICC reflects Armenia’s desire to align with international standards of justice and accountability. However, it has yet to refer the situation regarding crimes committed against Armenians from the second Nagorno-Karabakh war to the ICC, largely due to significant political pressure from Russia, Azerbaijan, and Turkey.

Zuckerberg’s Strategy

On January 7, 2025, and in the days following, the founder and CEO of Meta, Mark Zuckerberg, made a series of statements that framed Meta's previous and future content policy with an evidently strategic intention. The change of content moderation policy, as described in three comprehensive points in his personal announcement on his own platforms, may even sound reasonable, as discussed below. However, the reasoning and the framing of these changes appear to show that Meta is up to something entirely different from just further optimizing its curation of content on its platforms.

Plutocracy 2025

When thinking about this current moment in time when major currents of political and economic power seem to flow into each other in exceptional and perhaps unparalleled ways, it might be useful to tease out in some more detail how exactly plutocracy 2025 differs from the entanglements of economic and business power that have come before. Here is one difference that seems particularly striking. Plutocracy in 2025, unlike its typical predecessors,  is not really engineered in discrete fashion behind the scenes by deep-rooted dynasties of political and economic life. Instead, it is a full-frontal brash attack right on the public stage.

Trump’s Order of Law

Today, January 20, 2025, Donald Trump is going to be inaugurated a second time as the 47th President of the United States. His presidency is expected to herald a dramatic change to America’s policy on immigration as his hardcore rhetoric may transform into hardened policy. To fulfil his campaign promises, in particular his planned mass deportation policy, Trump has repeatedly stated his intention to invoke two archaic laws: the 1807 Insurrection Act and the Alien Enemies Act of 1798. This blog will provide an overview of the two acts, explain the requirements for the President-elect to utilize them, and detail potential ways to cabin their use.

The Hidden Reach of the EU AI Act

The EU AI Act not only regulates artificial intelligence but also triggers the application of the EU Charter of Fundamental Rights, embedding EU principles of procedural justice into national administrative law. This development advances the Europeanisation of domestic legal systems and reshapes the balance between EU and national public law in the digital age.

Protecting Democracy in the Digital Era

At the dawn of 2025, liberal democracy is faced with a considerable challenge: Big Tech bosses appear to leverage their market power for far-reaching political influence, without any democratic legitimisation to do so. As someone working on issues of market power in the digital economy, one cannot help but wonder: shouldn’t competition law be able to contain (some of) this unseeming wielding of market power?