Abstract European migration governance has become structured around crisis-driven managerialism. Focusing on the EU–Tunisia Memorandum of Understanding, this article argues that migration crises legitimise executive-led, efficiency-oriented governance and the increasing use of soft law instruments. It demonstrates how this managerial turn restructures the legal conditions of EU external action by displacing parliamentary oversight, judicial review, and ex ante human rights assessment. Through analysis of the role of Team Europe, the European Parliament’s marginalisation, and the European Ombudsman’s inquiry, the article shows that softification produces a de facto suspension of constitutional guarantees, with structural implications for the EU rule of law.
Abstract This Commentary choreographs corporate fiduciary duty law in the United States against the backdrop of political-economic theory, and posits that such law is the heart of capitalism. Theorists invoked chronologically are Adam Smith, Karl Marx, Friedrich Engels, Max Weber, Antonio Gramsci, Milton Friedman, and David Harvey. Roadmap cases revisited are Dodge v. Ford Motor Co. (1919) , Unocal Corp. v. Mesa Petroleum Co. (1985) , Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. (1986) , eBay Domestic Holdings, Inc. v. Newmark (2010), and McRitchie v. Zuckerberg (2024). The golden thread throughout is shareholder primacy: in other words, the law’s serving capital. The law, however, is not only a reflection of society but also an expression of societal aspirations that sometimes go beyond the existing social system and signal change. Someday, the law might evidence negation of the negation, and the powers-that-be will be obligated to act as fiduciaries for workers, communities, and (even, perhaps) the environment, rather than for capital.
Abstract The study proposes to restore visibility to a frequently overlooked dimension of Latin American constitutionalism: the Afro-descendant component. It aims to highlight the impact of this dimension in constitutional texts and warn against the risks of normative assimilation, especially in relation to legal models designed for indigenous peoples. The study begins with a short review of the so-called “new” Latin American constitutionalism and its “Andean” component—the one most higlighted by scholars (and critics). Then, it focuses on the Afro-descendant perspective, identifying it as a relevant element of constitutional developments in the region. From a comparative perspective, two trends are identified: one deriving the protection of Afro-descendant communities from that of indigenous peoples, and another entailing an autonomous and differential recognition. The implications of the latter model in terms of territorial rights are examined, taking the Colombian case, in particular, as a reference. The study concludes with some comparative remarks on the place of the Afro-descendant of constitutionalism in the Latin American landscape and its relationship with the Andean and European perspectives.
Abstract Cultural rights received increasing attention in the 1990s, but still, there is a pending task to implement them fully. This article examines the historical, ideological, and practical factors that have contributed to their underdevelopment. Five reasons are explored: the separation of civil and political rights and economic, social, and cultural rights in two covenants; the new developments in economic and social rights; the risk and fears of cultural relativism in the universality debates; the question and concerns over demands of self-determination; and the lack of awareness of culture’s role in human development.
Abstract This dialogic review examines Tiziano Bonini and Emiliano Treré’s book Algorithms of Resistance: The Everyday Fight against Platform Power alongside Antimacchine. Mancare di rispetto alla tecnologia [Anti-Machines: Disrespecting Technology] by Valentina Tanni. Bonini and Treré theorize algorithmic agency through the concepts of moral economy and everyday tactics, while Tanni addresses technological disobedience through the creative misappropriation and deconstruction of technological objects. Read together, the two works challenge representations of users just as passive subjects of platform power and show how workers, creators, activists, artists, but also ordinary users can appropriate technological systems in various ways. However, these forms of agency remain precarious: they are not equally accessible, are vulnerable to co-optation, and, above all, are often limited in scope and not sufficient to significantly transform the infrastructures they oppose. Examining examples of agency reveals the failure of a purely formal conception of private autonomy, and the subsequent need to move toward transparency, interoperability, and collective forms of governance as necessary conditions for more effective digital self-determination.
