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Emilios Christodoulidis

Other affiliations: University of Edinburgh
Bio: Emilios Christodoulidis is an academic researcher from University of Glasgow. The author has contributed to research in topics: Politics & Philosophy of law. The author has an hindex of 13, co-authored 80 publications receiving 770 citations. Previous affiliations of Emilios Christodoulidis include University of Edinburgh.


Papers
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TL;DR: Unger's recent work renews his earlier call for an empowerment of politics, involving our constant alertness to the possibilities of change, the revisability of those possibilities and the removal of all that falsely presents itself as unrevisable.
Abstract: Today, as ever, Roberto Unger challenges us to place our concept of the political at risk. Much of his recent work renews his earlier call for an empowerment of politics, involving our constant alertness to the possibilities of change, the revisability of those possibilities and the removal of all that falsely presents itself as unrevisable. This call for the empowerment of politics is not, of course, couched in the vocabulary of republicanism, as so much other recent legal theory is. But neither is it an appeal to the smashing of all contexts, to the tireless resistance to the institutional; no, Unger's great novelty is that his politics are both radical and institutional.

11 citations

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TL;DR: In this paper, the authors attempt to bring together two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons, and they aim to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity.
Abstract: In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

10 citations

Journal ArticleDOI
TL;DR: The controversial decisions of the Court of Justice of the European Union (CJEU) in the quartet of cases that are grouped under its "Laval/Viking jurisprudence" are rapidly becoming entrenched as a key dimension of the EU constitutional imaginary.
Abstract: The controversial decisions of the Court of Justice of the European Union (CJEU) in the quartet of cases that are grouped under its “Laval/Viking jurisprudence” are rapidly becoming entrenched as a key dimension of the European Union (EU) constitutional imaginary. This comes with a certain “immunization” against challenge as they become much harder to treat as mistakes. In their elevated status they have aligned stances and expectational structures. They have also had significant impact on the “Nordic” models; Charles Woolfson shows, for example, how subsequent to the European Court of Justice (ECJ) decision, the rulings of the Swedish Labour court has “seem[ed] to confirm that the ‘Swedish model' has, at the very least, been significantly redefined, if not fundamentally altered, in the light of Laval.” While EU lawyers largely sit it out in relative passivity, wondering what the fuss is really about, labor lawyers have been vocal in their disagreement. But the latter's voices in this debate—if we can call it such—have in turn been drowned out by the ululations of lawyers and theorists from the “new,” post-2004, EU countries loudly proclaiming a victory against the arrogance of the older Member States. If the workers of the Baltic states want to sell their labor—and their life—cheap, goes the “inclusionary” argument, why should they be constrained from doing so under protectionist regulatory policies that undercut their competitive advantage by those unwilling to rein in the exclusionary structures of social protection that limit access and opportunity for their workforce to join the Continent-wide economy? The massive impact that the decisions have had on the regulation of industrial relations in the countries of the European Union and on the position of the trade unions has hardly been ameliorated by the debacle that was the rapid withdrawal of the proposed Monti II Regulation in the face of resistance to it by national parliaments.

9 citations

Book
08 Jul 2008
TL;DR: Christodoulidis and Tierney as discussed by the authors re-think the public law and politics debate, rethinking the debate, Emilios Christodoulos and Stephen Tierney and re-considering the monism-pluralism debate.
Abstract: Contents: Public law and politics: rethinking the debate, Emilios Christodoulidis and Stephen Tierney Part 1 On 'The Idea of Public Law': Sovereignty and the idea of public law, Stephen Tierney Authority, exploitation and the idea of public law, Scott Veitch Public law as political jurisprudence: Loughlin's 'idea of public law', Emilios Christodoulidis Reflections on The Idea of Public Law, Martin Loughlin. Part 2 Public Law and Imperialism: On law, democracy and imperialism, James Tully Democracy, political reflexivity and bounded dialogues: reconsidering the monism-pluralism debate, Hans Lindahl The reframing of law's imperial frame: a comment on Tully, Neil Walker Imperialism and constitutionalism, Gavin W. Anderson. Part 3 Public Law and Proceduralism: Constitutionalism as proceduralism: a glance at the terrain, Frank Michelman The crisis of im/purity, Johan van der Walt Between engagement and disengagement: 2 concepts of civility, Ioannis A. Tassopoulos Enabling proceduralism, Victor Tadros Index.

9 citations

Journal ArticleDOI
TL;DR: In this article, the authors explore the causes of the Chilean constitutional crisis and the course that the events took since, concluding that the Chilean crisis is a transitional justice moment in which the past comes back to life in the form of a violent present which can only be overcome by reconstituting a hitherto fractured society.
Abstract: October 25th 2020 will come to pass as the day in which the Chilean people expressed their will to put an end to Pinochet’s legacy. The referendum held that day (in which 78% of voters approved the drafting of a new Constitution by a Constituent Assembly elected by the people) marks the beginning of the end of a period of almost half a century which began with the military coup against the democratic government of Salvador Allende on September 11th 1973, continued with 17 years of despotic rule and another 30 years of democratic government conducted under Pinochet’s Constitution. The ferocious riots triggered by a subway fare increase 1 year ago and the extraordinary protests that followed which brought millions onto the streets across the country and forced the government to concede the referendum, can only be understood within this historical framework. The papers in this section explore the causes of the constitutional crisis and the course that the events took since. They confront the historical trajectory of neoliberal legality, violently enacted during Pinochet’s dictatorship and institutionally consolidated during democracy. The central thesis, lucidly exposed in Daniela Accatino’s paper, is that the Chilean crisis is a transitional justice moment in which the past comes back to life in the form of a violent present which can only be overcome by reconstituting a hitherto fractured

8 citations


Cited by
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459 citations

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TL;DR: In this paper, the authors explore the development of the open method of co-ordination, addressing whether it is a new form of governance from two related perspectives: to what extent can the method be effectively applied outside the scope of economic policy, and will it lead to policy transfer to the EU and hence act only as a transitional mode of governance?
Abstract: Taking economic co-ordination in EMU as a starting point, this article explores the development of the open method of co-ordination, addressing whether it is a new form of governance from two related perspectives. First, to what extent can the method be effectively applied outside the scope of economic policy? Second, will it lead to policy transfer to the EU and hence act only as a transitional mode of governance? Identified at the Lisbon European Council, the method codified practices such as benchmarking, target-setting and peer review developed in the Luxembourg, Cardiff and Cologne processes. The method offers a new approach to governance of the EU as a heterarchical, decentred and dynamic process. It supports and radicalizes the principle of subsidiarity; offers an alternative to the treaty rules on enhanced co-operation; and addresses some of the legitimacy issues inherent in the EU. In EMU, the method arose out of a specific policy framework with a common monetary policy complemented by the coordination of national economic policies. The recent recommendation issued against Ireland is the first example of the operation of the method in EMU and shows how debate can be stimulated and how different and arguably equally valid perspectives defended. The particular experience of EMU with a sound money, sound finance paradigm, a long history of project-building by key elites and the central role of the European Council suggest similar conditions are required for the effective application of the method in other policy spheres. The context within which the method has operated to date is contingent and could change either over time or between policy fields. If so, the very openness of the method may serve to reconfigure the boundaries of competence between the Member States and the Union, after all.

445 citations

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TL;DR: In this article, the authors claim that restorative justice is the opposite of retributive justice, and use indigenous justice practices and was the first step towards restoring justice in the United States.
Abstract: Advocates’ claims about restorative justice contain four myths: (1) restorative justice is the opposite of retributive justice; (2) restorative justice uses indigenous justice practices and was the...

377 citations