VRÜ Verfassung und Recht in Übersee

An island State whose territory has become submerged has thereby, according to an austere view, become extinguished. This may well lead to its people becoming stateless. To refute the austere view and thus to avoid this result requires to argue for...

The claim of constitutional guardianship by apex courts is not uncommon in jurisdictions with constitutional supremacy, including Bangladesh. The article introduces its readers to the notion of constitutional guardianship by examining the...

The effective realization of international human rights law (IHRL) fundamentally depends on its implementation and enforcement within individual states, through legislative, political, and judicial processes. In South Korea, judicial practice has...

Although the Supreme Court of Japan has long been reluctant to apply international human rights law as binding law, some Justices recently referred to human rights treaties and recommendations of treaty bodies in a positive manner in constitutional...

Many scholars have discussed how international laws are applied in ordinary courts. However, very few documents and legal scholars in Cambodia have discussed how international laws are approached by the Constitutional Council. The Council is...

In some jurisdictions of the Global South, courts seized with social rights claims have occasionally issued orders that help build state capacity. These remedies can take various forms. Some are managerial, others are dialogic. Some are specific and...

The relationship between constitutional theory and constitutional comparison is an area of evolving scholarly interest and concern. Constitutional theory has long engaged in dialogue with constitutional practice, but often that dialogue is more...

This article examines the relevant constitutional and legal frameworks on political parties, multipartyism and political opposition in anglophone Eastern Africa. Using Kenya, Uganda and Zimbabwe as case studies, it shows that while these countries...

To understand the mechanism of social governance employed to facilitate surveillance and exert control over popular contention and organized opposition in the People’s Republic of China by and beyond the law, we introduce the concept of...