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In two recent Latvian cases concerning the Russian-speaking minority decided respectively in September and November 2023, the ECtHR made clear that protection of constitutional identity has now been elevated to a legitimate aim for a differential treatment under the Convention. This post explores how the protection of constitutional identity has been deployed to enable a collective punishment by association with a former occupier, and how the ECtHR’s reasoning has effectively endorsed such a punishment, which is unbefitting of a liberal democratic system the ECHR aspires to represent. Until the three cases were decided, no liberal European democracy could argue without losing face that suppressing a large proportion of its population was its constitutional identity – one of the goals of its statehood. Today, this claim is seemingly kosher, marking a U-turn in the understanding of what the European human rights protection system is for minorities in Europe. ....
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Convenors: Prof.s Miguel Centeno, Federico Fabbrini, Kim Lane Scheppele Hosts: Princeton School of Public & International Affairs (SPIA) in cooperation with Dublin City University (DCU) Law Research Centre ABSTRACT: The Covid-19 pandemic has posed unprecedented challenges for constitutional democracies. To contain the spread of contagions liberal-democratic countries around the world have taken a variety of public health measures, ranging from the restrictions on the movement and gathering of people, to compulsory behaviours (i.e. masks-wearing and mandatory vaccinations), to even the postponement of elections. As such, the pandemic and the responses to it have raised important challenges for the protection of fundamental rights and constitutional liberties, for separation of powers and checks and balances, and for democracy and the rule of law. At the same time, the different approaches embraced by various jurisdictions have highlighted competing strategies in established const ....
Convenors: Prof.s Miguel Centeno, Federico Fabbrini, Kim Lane Scheppele Hosts: Princeton School of Public & International Affairs (SPIA) in cooperation with Dublin City University (DCU) Law Research Centre ABSTRACT: The Covid-19 pandemic has posed unprecedented challenges for constitutional democracies. To contain the spread of contagions liberal-democratic countries around the world have taken a variety of public health measures, ranging from the restrictions on the movement and gathering of people, to compulsory behaviours (i.e. masks-wearing and mandatory vaccinations), to even the postponement of elections. As such, the pandemic and the responses to it have raised important challenges for the protection of fundamental rights and constitutional liberties, for separation of powers and checks and balances, and for democracy and the rule of law. At the same time, the different approaches embraced by various jurisdictions have highlighted competing strategies in established const ....