Volume 10 (2024), Edition 3

In this article, I argue that every crisis of democracy should be analyzed as a crisis of the regime of fundamental rights that keeps democracies together and sets them radically apart from all other constitutional regimes. First, it will be...

Foucault has had an enormous impact on social and legal theory. In particular, there is an overwhelming use of Foucauldian concepts in critical theories of rights. This article asks what Foucault’s work and its reception say concerning the...

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is undergoing a process which can be described as “intersectionalization”, in which the CEDAW Committee proliferates a specific interpretation of CEDAW. This...

Legal fictions are usually defined as consciously false assumptions. This definition is suitable for distinguishing fictions from presumptions, but it conceals some important nuances about the role of fictions in a legal system. For this reason,...