"The words of the Constitution do mean what they mean". Just don't tell the Greek Council of State and Greek "constitutional" lawyers which are adamant that they, sometimes, mean the exact opposite of what they mean. #UnConstitutionalLaw #PlutocraticConstitutionalLaw #Greece #Article16

Birthright citizenship's scope is not unclear in constitutional law. The words of the Constitution do mean what they mean and doctrinally, the issue has been reinforced by many legal precedents over and over at SCOTUS. Here's a brief by two historians tracing the history. 1/

The fact that no member of the political elites has ever --ever-- been convicted while in office seems to be an inherent limitation of what the judiciary pompuously (and self-aggrandizingly) prefer to call judicial independence #Sarkozy

#Sarkozy is a reminder that nowhere in Europe enjoy the political elites the level of immunity (and impunity) they do in #Greece. It is also a harsh realization of how failed the Greek judiciary is. #FailedJudiciary

Unless it is clearly established that corporations are not persons, the whole constitutional rights edifice is a joke, and substantially contributes to the grossly unequal distribution of wealth, power, and -yes...- rights #CorporationsAreNotPersons

It's astonishing how many people genuinely believe the liberal myth that a strong judiciary is the main guarantee against autocratization. They refuse to even consider the possibility of a judiciary aligning with, and being the best servant of, autocrats

When judges talk about #judicial-independence what they really mean is their privilege to decide whatever they wish however they wish whenever they wish and if they wish. Oh, and not being criticized for their decisions in any form whatsoever, of course

Only time will tell whether John Roberts is a modern Roger Taney (endorsed an evil regime & contributed to causing a literal civil war) or a modern Melville Fuller (Who? precisely; let the Gilded Era's domination by wealth go unchecked but followed by Progressive Era).

A millionaire celebrity getting back his job is no consolation at all for tens of thousands ordinary folks that lost theirs

For democracy to survive, we need to strip the super-rich of all and any rights. They already have their wealth, which is power enough; they don't need any rights on top of that. The liberal myth of "equal rights for all" is a trap & a perversion, if it actually means "more rights for the powerful"

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After decades of worshipping liberalism (without caring about democracy) people(s) have so much forgotten what democracy means that their only hope to get rid of autocrats/dictators is to wish they died. It's always bad when your only hope is God (or nature, for that matter)

Woodie Guthrie post mortem declared member of a terrorist organization, a ban on his music considered, according to unidentified sources

Apparently, the US only cared for free speech, free jazz, and freedoms other than that of the rich for as long they needed something to brag against Soviet Union, and later Europe

Gillian Rose's on law, history, and Marxism. This should be an essential workshop with deep intellectual and theoretical engagement that is becoming rarer by the day in UK legal academia. Organised by the wonderful Rosie Woodhouse. Registration and more info here: warwick.ac.uk/fac/soc/law/...

I have the privilege of opening “The Return of Political Economy in Intellectual History”‬‬‬‬‬‬‬‬‬‬‬‬‬‬ forum in the Journal of the History of Ideas Blog ( @jhideas.bsky.social )‬ with an essay titled “The Political Economy of Ideas: Historical Materialism and the History of Ideas.”‬‬‬‬‬‬‬‬

This is interesting read, but I can't help noticing how hilarious it is to call Herodotus "an" early Greek historian 😄

I missed when this went up--Judicial Time: A Research Note: papers.ssrn.com/sol3/papers..... No law review to which it was submitted was interested in it, but (no surprise) I think it offers a new and helpful perspective on some current matters of interest to both law folks and political scientists.

The mafia-like practices of the political establishment in #Greece can only be comprehended by political history. Nazi-collaborators (& Jewish properties' usurpators) were never brought to justice after WWII. Thanks to UK-USA, they remained the political elites of the country. No justice no peace

A duty to #resist. And don't be civil academic.oup.com/book/12281

So, basically, political violence is evil, we're told. Unless, of course, it is directed towards our enemies--it is implied. Well, I beg to differ: Political violence is evil unless it is directed towards our oppressors. Then, and only then, it's not only legitimate but also desirable

Supreme courts in (any) democracies are only working when politics work. The Brazilian (or any other) supreme court would have done nothing were it not for the Brazilian (or any other) people

Yes, the Brazilian judiciary convicted the corrupt former president. And that's great news. But, please, spare the "judiciary as bastion of democracy" mantra. Nothing of this would have happened if not for the political change that preceded. The people are the actual bastion of democracy

For liberals, constitutional/powerful supreme courts are there to guard "people's" rights. Not quite. They mainly protect elites from 20th century democratic expansion. Take a look at Nordic countries/Netherlands: Despite (or because of?) no judicial review, impressive record of rights protection

Putting governance over government, ie "technocracy" over real politics, the #EU has resulted in being run by incompetent (not to mention, corrupt) clowns. (Euro)liberalism's foumdational myth -that a polity doesn't need #democracy, or even a people; just the "law"- is as laughable as it appears

Deciding whatever they want however they want whenever they want and if they want. That pretty much sums up the #Greek #judiciary

They misspelled "the rule of law depends heavily *on democracy*"

When you sratch under the luster of the German #Rechtsstaat, a German post-war Erfindung par excellence, the dread of the German authoritarian #Polizeistaat begins to become apparent

This is great news. Hopefully, national legal orders follow suit. Sooner rather than later. It has been too long since the proletariat hasn't been limited to workers only

Liberal constitutionalists persistently assure us that courts are there to prevent autocracy. Courts persistently do nothing, or close to nothing, to prevent autocracy. Democracy needs much much more than courts. Courts do have some means to fight autocracy. But it's too little & usually too late

Together with @enb.iisd.org's @jenniferbansard.bsky.social and @paminnyc.bsky.social, we have mapped Indigenous Peoples' participation in the Rio Conventions, including gains and challenges @unbiodiversity.bsky.social @unccd.bsky.social #ClimateChange Available at: www.iisd.org/publications...

Hot of the press, new article "Three Concepts of Freedom of Assembly: Liberal, Associative, Radical" co-authored with @bpoppmadsen.bsky.social, and available Open Access from Politics and Society: doi.org/10.1177/0032... 1/3

The US is a constitutional pariah: - death penalty - % of ppl in prison - cult of an antiquated Text written by racists, slaveowners etc. - unrestrained power to either One Man or Nine Wise, depending on the circumstances And yet, courts around the globe aspire to become like SCOTUS #Juristocracy

Problem is that, quite often, people find what/who you are more important than what you say

I once approvingly referenced one of Schmitt's earlier and lesser known works, "Geserz und Urteil" (which I genuinely find brilliant). A senior colleague adviced me afterwards that I should never publicly mention Schmitt without adding that he was a nazi. Of course he was. But I really don't get it

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If it only works under "normal" circumstances, but not in times of crisis, then it doesn't work at all. I know it was a bad guy who said it -a brilliant mind though- but the "norm proves nothing, exception proves everything" saying is 100% spot on

The row over the nomination of Frauke Brosius-Gersdorf to the BVerfG shows how politicised legal processes are becoming across the entire democratic world - and why 'populists v the rest' distinctions are too simplistic. www.courthousenews.com/american-sty...

From Tushnet, Taking Back the Constitution (2020). To all the late arrivals welcome aboard. Or Felix Frankfurter: “Wisdom too often never comes so one ought not reject it merely because it comes late.”

But I thought the Supreme Court was good www.washingtonpost.com/opinions/202...

Some constitutional theorists look like zealots. Worshipping (liberal) #constitutionalism despite its near-collapse. Unable to grasp that, as soon as #capitalism doesn't need #liberalDemocracy as an alternative to old and future systems any more, it'll go all the way towards pure #plutocracy

Probably so. But this doesn't make it less of a political institution (instead of a real court). On the other hand, both CJEU and SCOTUS, albeit in different ways, tend to influence national constitutional/supreme courts in their politicization. Context obviously matters but trends are there

Constitutional or quasi constitutional courts are political institutions rather than "real" courts. Consider this (per se, ridiculous) fact: There are no minority opinions in #CJEU, Europe's arguably most important quasi-constitutional "court". Not one in tens of thousands of judgements

In #Greece top prosecutor is appointed by Minister of Justice among 3 candidates that he nominates and after an advisory opinion by Parliament. Minister nominates own brother, who is also Parliament's recommendation. That's beyond #cronyism. It's #BananaRepublic level. Hello? #ConflictOfInterest?

The #Greek farm scandal being revealed by #EUProsecutors says more about the unprecedented dependence of the Greek prosecutors, and the Greek #judiciary generally, rather than the unprecedented #corruption of the Greek #government

Almost simultaneously, both #SCOTUS and the Greek #CouncilOfState declared that words in their respective #constitutions don't mean anything and can have whatever meaning conservative-authoritarian majorities wish them to have. So much for #constitutionalism. It was OK(ish) while it lasted

Anyone putting the words "cradle of democracy" and "Greece" in the same sentence ever again deserves nothing less than a punch in the face