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Global Jurist

Herausgegeben von: Ugo Mattei und Alberto Monti

Sprache: Englisch

Erstveröffentlichung: 1. November 2001

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Über diese Zeitschrift

Objective
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.

Topics
Global Jurist publishes articles on issues of:

comparative law
law and economics
international law
law and society
legal anthropology
law and humanities

Article formats
Editorials, Forewords, Research articles

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Interdisciplinary approach
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Money is the Exchange: From Media Theory to the Governance of Monetary Pluralism in the EU

3. November 2025

Valentino Cattelan, Gabriella Gimigliano

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This article deals with the future of money regulation in the EU. Its originality lies in applying media theory to frame a governance model that recognises and fosters an evolving social ontology of plural monetary practices. For this purpose, the study starts from the description of money as ‘market language’ and the acknowledgement of the co-existence of different (digital and non-digital; public and private) monetary practices as a de facto reality in the EU. Embracing an ontology-sensitive approach, the article argues that the principle of subsidiarity can help shaping the future of EU money regulation by promoting a sound ‘conversation’ between the specific identities of these different ‘market languages.’
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Designed to Fail? How the Polish Constitutional Tribunal Became a Political Pawn

26. Dezember 2025

Katarzyna Krzyżanowska, Andrzej Schultz

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The Constitutional Tribunal takeover by the Law and Justice party is a spectacular example of constitutional crisis. In a short period, without formally amending the Constitution, the Tribunal was transformed from a respected yet benevolent institution into a rubber-stamp body subordinated to the ruling majority. This article examines the exogenous and endogenous factors contributing to CT paralysis and its ultimate decline. It analyses the interplay between the CT resilience stemming from the said factors and the resistance of individual constitutional judges and other agents that attempted to counter the CT takeover. The exogenous factors include the unconstitutional actions of the PiS party, the consolidation of power, the lack of inter-institutional trust, the dominant constitutional culture, and the post-communist legacy that contributed to the weak societal entrenchment of the CT. Endogenous factors include the poor design of the judicial appointment process, the CT President’s abuse of competencies, and the weak societal responsiveness of former constitutional judges. The resistance actions tried to remedy weak resilience. We examine the internal agency of judges, both on-bench and off-bench and external support from the legal community and civil society. The article concludes with a reflection on the current political impasse, the future of the CT, and the consequences of its collapse for the Polish legal system in general and the ordinary courts in particular.
Open Access
A Tale of Two Citadels: Constitutional Court Resilience Against Creeping Autocratisation in India and South Africa

15. Dezember 2025

Theunis Robert Roux

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India and South Africa have experienced comparable levels of democratic decline over the last 15 years. The South African Constitutional Court, however, has shown greater resilience in the face of this process than the Indian Supreme Court. This article seeks to explain this outcome by reference to three sets of factors: structural, institutional and agentic. It finds that the main factors conditioning the South African Constitutional Court’s stronger performance are legal-cultural factors associated with the nature of the anti-apartheid struggle, the judicial appointments model, and the Court’s tendency to shore up democratic institutions rather than seeking to displace them.
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Benin: A Strong Court Falling Victim to Its Achilles’ Heel

26. Dezember 2025

Markus Böckenförde

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This contribution examines the evolution of the Constitutional Court of Benin (CCB) as a critical guardian of constitutionalism, political stability, and human rights in the context of Benin’s democratic transition following the 1990 Constitution. Next to actively defending the constitutional order and being resilient against executive overreach, the CCB also expanded its authority by amending the constitution to address anticipated threats to democratic principles. However, vulnerabilities in its institutional design, particularly concerning the appointment procedure and terms of office, rendered it susceptible to political manipulation. These design flaws were compounded by public mistrust of constitutional reforms, thwarting efforts to rectify these shortcomings. 25 years after its inauguration, the CCB was co-opted by political elites, culminating in its diminished efficacy. Despite this decline, the CCB’s early legacy and its partial safeguards offer valuable lessons for constitutional resistance and resilience.
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Does the Word “BRICS” Contain Law? On Legal Hegemons, Aromas of Law and Arbitration Revolution

12. Dezember 2025

Mikhail Galperin

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This article examines the potential for the BRICS coalition to displace the Anglo-American legal narrative as the global hegemon. To address this task, it critically analyzes the concept of legal hegemony, state practice, and international business customs. The central conclusion is that while BRICS holds the potential for future legal leadership, there are currently no tangible signs that it will supplant the common law tradition developed in the United Kingdom and the United States. However, the analysis suggests that the identity of the adjudicator and the methods of legal interpretation – such as how evidence is assessed and judgments are substantiated – may be more significant than the substantive law applied to a case. The author posits that through autonomous interpretation by arbitrators from the Global South, national legal systems can evolve, gaining new meanings and expanding beyond their original contexts. Analogous to open-source software – a collaboratively developed global public good – BRICS law could potentially evolve into a decentralized, open-source legal system, offering a distinct alternative to a centralized, Imperial legal narrative.
Open Access
Effective Remedies and Reinforcing Procedural Guarantees of Constitutionalism in Europe

16. Juli 2025

Zsolt Körtvélyesi

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Illiberal regimes show signs of mutual learning, which would need to be matched with similarly innovative solutions on the side of constitutional resilience. The paper, contributing to this process, looks first at illiberalism’s internal tension that could be exploited to the benefit of strengthening constitutionalist guarantees. The approaches of the CJEU and the ECtHR on what counts as effective remedy in national law could be turned into an effective conditionality instrument. Constitutionally consequential damages litigation can play an additional role as illiberal regimes seem to show more responsiveness to financial incentives than other forms of external pressure.
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EU Values Through Constitutional Lenses: Assessing the Resilience of the Romanian Constitutional Court

30. Dezember 2025

Raluca Bercea

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The Romanian Constitutional Court is a specialised institution, independent from all three powers in the state. While this framework offers positive premises as regards its potential resistance to autocratization, the Court failed to live up with such expectations during the illiberal backsliding of 2017–2019. On the contrary, the militant decisions it issued on the sensitive occasion of the 2024 national elections have been so unexpected that they divided the national legal epistemic community, being perceived as illegitimate by part of the Romanian society. The paper investigates the possibility to assess such shortcomings through the concepts of ‘resistance’ and ‘resilience’.
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The Referral “Power” of ICC Prosecutor according to Art. 13 StICC

6. Oktober 2020

Dimitris Liakopoulos

Artikelnummer: 20200033

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The present work will be devoted to the power to activate the investigations of the Prosecutor according to art. 13 of the Statute of the International Criminal Court (StICC). The StICC tries to offer some coordination tools, whose correct and careful use should in principle favor a harmonious and effective interaction between the two organs (International Criminal Court (ICC) and Security Council (SC)) and avoid the emergence of conflicts. As we will try to highlight, despite these intent of the statutory provisions, the margin of discretion inevitably granted to ICC and SC in interpreting the extension of the powers recognized to them, can lead to tensions and contrasts of not easy solution.
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Constitutional Chess? Strategic Considerations in the Sri Lankan Supreme Court’s Constitutional Amendment Jurisprudence

24. Dezember 2025

Sanjit Jonathan Dias

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Sri Lanka’s supreme court has approved five constitutional amendments over the last two decades. This constitutional back and forth, marked by contradictory projects espoused in the amendments yielded charges of the court’s failure to resist executive power. The eighteenth and twentieth amendments were projects of abusive constitutionalism and de-democratisation, and the court’s review of these amendments was characterized by capitulation in the former, and qualified resistance in the latter. This paper locates the Sri Lankan experience within comparative scholarship on strategic judicial empowerment. It then canvasses the outcomes in these cases, and advances three considerations that may explain the court’s response in these amendments – public legitimacy of the amendment, the court’s interest, and political cost. These considerations are demonstrated through the court’s reasoning and conclusions on key provisions in these determinations. A combination of these considerations lends greater coherence to what is otherwise a confusing body of jurisprudence.
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(Dis)empowerment and Constitutional Court Resilience: A Conceptual Framework and Explorative Evidence from the Slovak Constitutional Court

31. Dezember 2025

Max Steuer

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This article conceptualizes constitutional court (dis)empowerment as a process impacting constitutional court resilience. It introduces a two-dimensional typology of mechanisms of exogenous and endogenous empowerment and disempowerment that points to the centrality of judicial and broader political community agency to an extent independent from formal competences of the constitutional court. Subsequently, the article explores the applicability of the four mechanisms in the case of the Slovak Constitutional Court. In Slovakia, the success of an illiberal majority in the 2023 general elections amplified concerns over the Constitutional Court’s capacity to resist de-democratization. These concerns spread despite Slovakia having overcome a period of semi-authoritarian regime in 1994–1998, whereby the formally powerful Constitutional Court was seen as a pivotal institution contributing to such an outcome. The Slovak political development yields lessons for constitutional court resilience amidst de-democratization. Proposing a combination of research methods (contextual analysis and insights from semi-structured interviews) for collecting and analyzing empirical data to study the four mechanisms, the article emphasizes endogenous disempowerment as the least studied mechanism so far. The findings highlight several gradually self-imposed limits by the Slovak Constitutional Court, that may be amplified due to its continuing – albeit decreasing – degree of closedness to international and non-doctrinal scrutiny. Ultimately, the pivotal cases reaching the Court after the 2023 elections due to the attempts of power concentration by the illiberal majority show indications of a critical juncture testing the SCC’s resilience.
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The Positioned Purpose: Rethinking Positionality in Comparative Legal Methodology

3. Oktober 2025

Daniel Haefke

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The article critically examines how a comparatist’s positionality and purpose shape the design and outcomes of comparative legal research. Amid ongoing debates in comparative law – pitting functionalist against cultural approaches, or sameness-seeking projects against difference-embracing ones – this article shifts the focus toward a more foundational concern: the motivations behind comparison and the discursive contexts in which it occurs. While questions of “how to compare” dominate methodological discourse, this article insists that we must first confront “why we compare” and “to whom we are speaking.” These inquiries are not peripheral but central to the integrity and potential of comparative legal scholarship. The article argues that every comparatist operates from a particular legal and cultural position, and with a specific communicative aim: their positioned purpose. This purpose not only motivates the comparative endeavor but also determines how domestic and foreign legal systems are selected, interpreted, and related to each other. By ignoring their own motivations and situated perspectives, comparatists risk designing methods that are ill-suited to their actual goals and miss out on the critical potential that comparison uniquely offers. In reclaiming a central insight of critical comparative scholarship, the article rejects the illusion of methodological neutrality or objectivity. However, it also challenges some prevailing assumptions within the critical camp, particularly the tendency to conflate the positionality problem solely with ethnocentrism, and to treat a turn to cultural difference as an automatic corrective. Positionality manifests in more nuanced and varied ways, depending on whether one is speaking from or to the Global North or Global South, for example. The same methodological risks (ethnocentrism and status quo bias) play out differently across contexts, making positionality a dynamic rather than monolithic concern. The article is structured in three parts. Part 1 introduces the problem of positionality and explores how its neglect leads to recurring fallacies in comparative research. Part 2 presents the idea of comparative projects as purposeful constructions, shaped by the comparatist’s discursive and institutional location. Part 3 examines how the specific contours of ethnocentrism and status quo bias vary with the comparatist’s positioned purpose, demonstrating why there can be no universal fix or one-size-fits-all critique for methodological flaws in comparative law. Ultimately, the article argues that positionality should be neither denied nor lamented, but embraced as a source of methodological strength. Comparative law, because of its relational nature and critical distance from doctrinal orthodoxy, is especially well suited to turn positionality into a productive resource. Rather than impeding meaningful comparison, a reflexive understanding of one’s position and purpose enables more contextually attuned, critically engaged, and methodologically sound comparative work.
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Anti-Corruption Laws in Colombia: Lessons from the Case of Odebrecht and Corficolombiana

3. Juni 2025

Joaquín Vélez-Navarro

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Abstarct This article critically examines Colombia’s anti-corruption legal framework through the lens of the Odebrecht and Corficolombiana scandal surrounding the “Ruta del Sol 2” infrastructure project. Although Colombia has formally adopted robust anti-corruption laws aligned with international standards – particularly those promoted by the OECD – this study reveals serious shortcomings in their enforcement and practical application. By contrasting Colombia’s response to the scandal with that of the United States, the article illustrates how U.S. authorities were far more effective in uncovering critical facts, imposing penalties, and securing compensation, despite the events occurring abroad. In Colombia, by contrast, institutional weaknesses, lack of prosecutorial independence, and political interference significantly undermined legal responses. Drawing on legal analysis and case documentation, the article identifies structural and interpretive challenges within Colombia’s anti-corruption statutes, such as legislative instability, inconsistent implementation, and limited capacity to prosecute powerful actors. The analysis also addresses the limitations of punitive and administrative tools against corporate actors and explores the failure of asset recovery mechanisms. Ultimately, the article argues that while Colombia’s anti-corruption laws are formally comprehensive, they remain politically constrained and institutionally fragile, raising important concerns about legal transplants and rule-of-law reforms in contexts marked by entrenched elite impunity. The paper concludes with lessons for comparative anti-corruption governance and legal reform in Latin America.
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The Resilience of Constitutional Courts and Their Resistance to Autocratization: Beyond Binaries, Where Time Matters

12. Januar 2026

Gábor Halmai, Ágnes Kovács, Max Steuer

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This article explores constitutional court (CC) resilience in a comparative perspective, across nine national jurisdictions and some transnational judiciaries, to help identify sources and approaches enhancing CC capacity to resist autocratization. It attempts to interpret the individual contributions to the special issue, pointing to a set of factors impacting CC resilience. Some articles highlight the essential role of structural conditions, while others rather emphasize the importance of institutional development and agency. The article then outlines avenues for further research of CC resilience, which should engage with new challenges, including renewing democracy through deliberation and trust-building.
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To Be or Not to Be (Present): That is the Question. How Technology Impacts Shareholders’ Meetings in a PLC

3. November 2025

Paolo-Maria Smirne

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The paper analyses both EU and Italian legislation concerning remote participation in shareholders’ meetings of public limited companies . The principal European measure in this field is the Shareholders’ Rights Directive (2007/36/EC), which, under Article 8, provides for electronic voting and remote participation in the shareholders’ meeting. However, the Directive applies exclusively to listed companies . The relevant provision under Italian law is Article 2370, paragraph 4, of the Civil Code, which has been amended also in light of the transposition of the aforementioned Directive. Italian law requires that such electronic means may be used only if expressly permitted by the articles of association , whereas the Directive leaves Member States free to avoid imposing such a condition. It should be noted that Italian legislation still includes provisions adopted during the Covid-19 pandemic, aimed at facilitating the use of technological tools in shareholders’ meetings. This paper therefore compares such emergency legislation with the corresponding provisions of the Civil Code, with a view to identifying potential efficiency gains in corporation’s life.
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Turkish Constitutional Court and Judicial Resistance: Instances of Defiance Under Pressure

15. Dezember 2025

Bertil Emrah Oder

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This article explores on-bench judicial resistance within an electoral autocracy by analyzing the Turkish Constitutional Court’s struggle to protect opposition parliamentarians. It aims to present a nuanced analysis of the Turkish Constitutional Court case law under pressure, examining its role in confronting the regime. The cases discussed involve Kadri Enis Berberoğlu, Ömer Faruk Gergerlioğlu, and Can Atalay, who were prominent public figures before their political mandates due to their roles in civil society resistance as a journalist, a medical doctor, and a lawyer. The article investigates how, to what extent, and under what conditions the Court has legally mobilized to defend the political opposition in notable cases involving Berberoğlu, Gergerlioğlu, and Atalay. It also highlights the conflict between the Court and the criminal judiciary, as well as the interplay between autocratic and democratic partnerships in a non-democratic context.
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National Symbols in Food Labelling: Criticisms and Contradictions in the Global Context

21. November 2025

Lorenzo Bairati

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This article addresses symbolic communication in food labelling, with a particular emphasis on territorial references of a visual nature that do not correspond to the product’s actual origin. The European landscape will be examined, and the link between verbal and non-verbal labelling elements will be addressed. Secondly, consideration will be given to the most recent developments in US law in order to bring the focus back to comparing EU and US systems. Finally, summary reflections will include the divergence of positions among EU States as well as the possibility/availability of a convergence between European and US models.
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The Model of Healing Justice of the Arhuaco People. A Study of Comparative Law from the Global South

24. Dezember 2025

Edwin Rubio Medina

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The emergence of the notion of the global South has revitalized the discipline of comparative law. However, most academic studies continue to discuss theories and values established by European law. It reinforces the idea of sites of production of legal thought (in the global North) and sites of reception of legal thought (in the global South). In this article, the contributions of the Arhuaco Indigenous people’s curative justice system to the broader legal system are highlighted through fieldwork conducted in Colombia. This interdisciplinary work sheds new light on ways to rethink criminal law, seeking a truly therapeutic, holistic, and community-based justice system.
Open Access
Constitutional Resilience and the Role of Courts

24. Dezember 2025

András Jakab

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Conflicts Between Public and Private Enforcers in Class Actions: The Chilean Case

24. Dezember 2025

Agustin Barroilhet, Francisca Barrientos

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This article studies the conflict between public and private enforcers in Chilean consumer class actions. The paper reviews the history of the class action procedure, the unexpected changes to it introduced by a constitutional challenge, the subsequent increase in private lawsuits, and the ensuing conflict between public and private enforcers. Coordinating class actions’ enforcement is inherently challenging due to their differing funding and varying willingness to settle. As the Chilean case shows, there is no comprehensive catch-all solution to this problem. However, these difficult statutory choices should not hinder consumers’ redress. Hence, the article suggests that Chilean judges should proactively use existing legal provisions regarding the ‘common counsel’ to facilitate settlements, thus avoiding protracted court cases that can last more than a decade.

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Law, Commodification, and the Distribution of Resources

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Special Issue: Comparative Law Methodology: A Tool for Analysing the Complex Contemporary Intercultural Context, Guest Edited by Elena Ioriatti and Andrea Pradi

Special Issue: Urban Commons and the Law, Guest Edited by Alessandra Quarta and Antonio Vercellone

Special Issue: International Economic Law in the Era of Distributed Ledger Technology, Guest Edited by Jose Gustavo Prieto Munoz, Annamaria Viterbo and Alberto Oddenino

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Special Issue: On The Future of Law and Economics by Guido Calabresi: An Interdisciplinary Dialogue, Guest Editors: Aleksandar Stojanovic and Paolo Silvestri

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Special Issue on International Law, Legitimacy and the State of Israel

Special Issue title: Law and Boundaries Vol. 3, Guest Editor: Tomaso Ferrando

Special Issue: Law and Boundaries 2014, Guest Editor: Tomaso Ferrando

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Special issue: Law and Boundaries

At the End of the End of History. Global Legal Standards. Part of the Solution or Part of the Problem?

Global Administrative Law and Global Governance

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Editors in Chief
Ugo Mattei, University of Turin; University of California
Alberto Monti, IUSS Pavia

Executive Editor
Luca Pes, University of Trento

Editors
Mauro Bussani, University of Trieste
Cesare Cavallini, Bocconi University, Milan
Anna Di Robilant, Boston University
Fernando Echerri, Universidad Marta Abreu de la Villa
Günter Frankenberg, Goethe Universität, Frankfurt am Main
James Gordley, Tulane University
Elisabetta Grande, University of Eastern Piedmont
Liu Ghangua, Lanzhou University
Christian Joerges, Bremen University; Hertie School of Governance
Amadou Keita, University of Bamako
Boris Mamlyuck, Univerity of Memphis
Horatia Muir Watt, University of Paris
Daniel Peñailillo Arévalo, Universidad de Chile
Teemu Ruskola, Emory University

Associate Editors
Rocco Alessio Albanese, University of Turin
Emanuele Ariano, University of Turin
Leonardo Borlini, Bocconi University
Sara de Vido, Ca'Foscari University of Venice
Tomaso Ferrando, University of Warwick
Giacomo Marchisio, McGill University
Lara Merla, University of Turin
Rodrigo Miguez, Università del Piemonte Orientale
Michael Monterossi, Ca'Foscari University, Venice
Alberto Oddenino, University of Turin
Alessandra Quarta, University of Turin
Lydia Vellisicg, IUSS Pavia
Antonio Vercellone, Bocconi University
Alberto Gallarati, University of Turin

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1934-2640

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Erstveröffentlichung:

1. November 2001

eISSN: 1934-2640

ISSN: 2194-5675

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