Category Archives: 2019

Keynesian Federalism

by Michael Ilg*

(2019) Oxford U Comparative L Forum 4 at ouclf.law.ox.ac.uk | How to cite

This Article proposes a Keynesian inspired approach for the judicial interpretation of economic federalism. Keynesian federalism is premised upon two essential features of Keynesian economics: reactivity and counterbalancing. Federal governments may require increased powers to meet modern challenges, but the judicial rationales and methods of interpretation that permit for this expansion cannot simply be replicated case after case in a way that steadily hollows out regional powers. When a federal government is able to capture increased powers of economic regulation in a federalism dispute, a presumption should arise that in the next major economic federalism dispute a decentralization favouring constitutional interpretation will be privileged. 

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Optimising Your Holiday: A Proposal for the Optimal System for Timesharing from a Comparative Perspective

by Dhurgham Fadhil Hussein Al-Ali,* John Gwilym Owen** and Marie Parker***

(2019) Oxford U Comparative L Forum 3 at ouclf.law.ox.ac.uk | How to cite

Timesharing causes profound issues for consumers, yet there is a dearth of academic commentary about this topic, and little is known about how other jurisdictions regulate this area. This article will assess the issues faced by consumers when purchasing, owning and terminating timeshare. As a result of this assessment, the optimal features required to tackle these difficult issues are suggested. These optimal features are applied to selected jurisdictions in order to undertake a functional analysis. The article identifies the strengths and weaknesses in each system under consideration, and makes specific proposals for England and Wales.[1]

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Religious constitutionalism: An Indonesian-esque interpretive venture

by Pranoto Iskandar*

(2019) Oxford U Comparative L Forum 2 at ouclf.law.ox.ac.uk | How to cite

Is secularism dead? Many have argued that, as a path, secularism provides nothing but a dead end. Whether one likes it not, however, it is hard to rationally deny the desirability of having secularity as the ideal condition for national political contestation. From that vantage point, this paper argues that the alternative religious-friendly model that is based on pan-religious values has also failed miserably. In contravention of scholarly orthodoxy, the paper posits secularism is, in fact, the early Javanese nationalist’s endgame. Secularity is implicit in Javanese “political theory,” and, thus, it is natural to assume that for the early nationalists, secularity was important for the national effort of “getting to Denmark.” Unfortunately, Indonesia’s temporary accommodation of religion as a solution to the Islamists insistence has somewhat become fossilised in the political system. Furthermore, the Indonesian experiment with the moderate wall of separation has, disturbingly, encouraged more religious parochialism to be smuggled through indigeneity-based claims. More importantly, it has also set political reform back.

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On the Diverging Conceptions of Fairness in English and Bulgarian Contract Law: The Peculiar Transformation(s) of Roman Causa

by Radosveta Vassileva*

(2019) Oxford U Comparative L Forum 1 at ouclf.law.ox.ac.uk | How to cite

This paper examines the distinct roles, which the Roman doctrine of ‘causa’ acquired in English and Bulgarian contract law, to challenge popular beliefs entertained by common law and comparative scholars and to demonstrate the peculiar mechanisms through which the conception of fairness in contract law evolves. While leading contemporary English scholars argue that the doctrine of consideration is a unique common law doctrine, an historical inquiry reveals that it is a direct descendant of Roman ‘causa’, which also made its way into continental systems. At the same time, many comparative scholars assert that, despite differences that may exist on the surface, the common law doctrine of consideration and the continental doctrine of ‘cause’ often reach the same results in similar circumstances. By using Bulgarian law as a case study, which has been subjected to the competing influences of Romanistic and Germanic legal traditions, this paper shows why this argument is misleading. Notably, in England, consideration remains primarily a question of form. In Bulgaria, however, turbulent political changes have created opportunities for scholarly and judicial activism. Thus ‘causa’ was moulded into a powerful tool against substantive unfairness in agreements which courts rely on even in modern times.

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