Constitutional Identity, Ireland and the EU

Costello v. Government of Ireland and others is one of the most significant recent Irish Supreme Court rulings concerning EU law. The case involved a member of parliament seeking to restrain the Irish government from ratifying the 2014 EU-Canada Comprehensive Economic and Trade Agreement (CETA) on grounds of alleged unconstitutionality. Costello’s most long-lasting impact is likely to be its introduction of the concept of constitutional identity into Irish constitutional jurisprudence.

22. März 2023

, , , , ,

Post-Brexit Sovereignty

In thinking about sovereignty within the United Kingdom, it is helpful to separate out two ways in which sovereignty has historically been identified in both the United Kingdom and elsewhere. Sovereignty is, first, a power over others, most notably absolute and final authority over a territory. If this allows those holding it to achieve considerable things, it also generates apprehension as it allows them to do many things to others. Sovereignty is, secondly, a constitutive power.

21. März 2023

, , , ,

Integration and Disintegration

In our analysis below, we examine the convergent and divergent paths of Ireland and the UK on the theme of integration and disintegration in three stages. The first considers the constitutional context and framework within which each of the two countries chose to embark on the path of European integration by acceding to the EEC in the early 1970s. The second examines several key policy choices made by the two states along a continuum between integration and disintegration, as part of a more differentiated, post-Maastricht EU. The final stage examines the implications of Brexit for the UK and Ireland following Britain’s departure from the EU.

20. März 2023

, , , , ,

50 Years On

In 1973 and on the third attempt, Ireland and the United Kingdom (UK) with Denmark acceded to the European Communities, while Norway opted not to join following a referendum. For Ireland and the UK, the half-century since has brought about remarkable social, economic, demographic, political, and legal changes in both states leading to the UK leaving the EU in 2020 and Ireland remaining a Member State. Given the shared anniversary and divergent responses to EU membership in the context of strong (if complex) ties between the two states and a shared common law tradition, a reflection on the 50th anniversary of their accession to what is now the European Union (EU) is timely.

20. März 2023

, , , ,

Small Country, Big Hurdles

Liechtenstein is far away from a comprehensive decriminalisation of abortion. The termination of pregnancy is still regulated by the Criminal Code and the person who performs the abortion will be prosecuted. Only the pregnant person acts legally when terminating an unplanned or unwanted pregnancy. But it took until 2015 for pregnant persons to be granted a (limited) right to self-determination, and there is still a lack of sufficient legal, medical and social support. In a difficult and psychologically stressful situation, pregnant persons must seek treatment abroad – not because they want to, but because they have to.

16. Februar 2023

,

Für eine Zeitenwende im Abtreibungsrecht

Am Ende des Symposiums wird sichtbar: Abtreibungen zu kriminalisieren bildet im Vergleich zu den ausgewählten Ländern nicht die Regel (I.). Das bedeutet allerdings nicht, dass eine Entkriminalisierung jegliche faktischen Zugangshürden aus dem Weg räumt. Der Blick ins Ausland lohnt sich deshalb auch unabhängig von der Frage der Entkriminalisierung, um potentielle Fallstricke für die Versorgungslage zu analysieren (II.). Die Entkriminalisierung des Schwangerschaftsabbruchs bereitet jedoch, so legt der Rechtsvergleich nahe, den Weg, um strukturelle Hindernisse abbauen zu können. Eine bedeutende Rolle können dabei aktivistische Bewegungen spielen (III.).

8. Februar 2023

,

A Turning Point in Abortion Law

This blog post concludes the symposium “Comparative Legal Perspectives on Abortion”. The symposium traced the regulation of abortion and accompanying activist movements in Argentina, Uruguay, Canada, Iceland, Northern Macedonia, Tunisia, South Africa, India, and South Korea. Now we want to turn our gaze from the outside back to the inside: What is to be gained for the German debate on abortion law?

8. Februar 2023

,

From Population Control to Reproductive Justice

On 11 April 2019, South Korea’s Constitutional Court ruled that the ban on abortion was unconstitutional. As a result, South Korea’s legislature had to revise its 66-year-old anti-abortion law by 31 December 2020. This historic decision was made possible in response to the advocacy of a number of feminist groups, doctors’ organizations, disability rights groups, youth activists, and religious groups in South Korea. Although the overall goal of reproductive justice movements was to change the law that threatened women’s health and lives through the criminalization of abortion, one of the main steps of the movements toward that goal was to challenge the previous framework of pro-choice versus pro-life.

7. Februar 2023

,

Still a right?

Although abortion in Tunisia has been legal for 50 years and offered for free in government facilities, the revolution of 2011 and the following democratization process have paradoxically put into question the access to this service. The Islamists’ victory and the conservative turn of local society in the 2000s have led to a step backwards in the domain of women’s rights including sexual and reproductive rights. Together with Turkey, Tunisia is the only Islamic-majority country that authorizes abortion for social reasons.

6. Februar 2023

,

Abortion in Canada: Always Legal, Not Always Accessible

In Canada, abortion is not a criminal offence. There are no legal restrictions on abortion, including no restrictions with respect to gestational age or on the reasons for which a pregnant person may choose to have an abortion. As lawful medical procedures, abortions fall under provincial jurisdiction over health and there is some regulatory variability between provinces. Information about abortion access is similarly affected by provincial jurisdiction over education. Prior to decriminalization, advocacy on abortion access was national in scope, but since 1988, most activism has been focused on access and funding and has been provincial or even local.

3. Februar 2023