The false opposition in Belgian public law between national and popular sovereignty

A recent volume makes the case for a revision of the standing interpretation of sovereignty in the Belgian Constitution. The book is the result of a four-years’ interdisciplinary collaboration between philosophers, lawyers, historians and political scientists to establish a historically and intellectually sound reinterpretation of sovereignty, and to formulate scenarios for political renewal in Belgium. In this post Christophe Maes considers the false opposition between the concepts of national and constitutional sovereignty in Belgian constitutional interpretation. The far-reaching consequences of this commonly made division appear to rest on unstable foundations.

Continue reading “The false opposition in Belgian public law between national and popular sovereignty”

Intersectional discrimination: Impossible to translate into case law?

‘Intersectional discrimination’ is a concept introduced in both the legal field and other domains like sociology, anthropology, psychology, and philosophy. It is widely discussed in legal doctrine, but the practical implementation of the concept in European jurisprudence is currently still lacking. This blog post discusses its added value in (EU) anti-discrimination law and the method used by the South African Constitutional Court (‘SACC’) to deal with cases involving intersectional discrimination. Continue reading “Intersectional discrimination: Impossible to translate into case law?”