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  • T Khaitan, 'A Case for Moderated Parliamentarism ' (2021) 7 Canadian Journal of Comparative and Contemporary Law 81
    In this article, I bring two key issues in constitutional studies — institutional regime type and electoral system choice — in conversation with each other, and examine their interaction through a normative framework concerning the role that constitutions ought to play in shaping their party systems. The main goal is to offer a theoretical defense (ceteris paribus) of moderated parliamentarism — as superior to its alternatives such as presidentialism, semi-presidentialism, and other forms of parliamentarism. Moderated parliamentarism entails a strong bicameral legislature in which the two chambers are symmetric (i.e. they have equal legislative powers) and incongruent (i.e. they are likely to have different partisan compositions). It has a centrist chamber whose main function is to supply confidence to the government, and a diversified chamber whose main function is to check this government. The confidence and opposition chamber is elected on a moderated majoritarian electoral system (such as approval vote or ranked-choice/preferential vote system, but not first-past-the-post); the diversified chamber — a fully independent checking and appointing chamber — is constituted on a proportional representation model (moderated by a reasonably high threshold requirement for translating votes into seats). The confidence and opposition chamber is elected wholesale for shorter terms. It alone has the power to appoint and fire a unified political executive headed by a prime minister. The checking and appointing chamber is independent of the confidence and opposition chamber as well as of the political executive; its members have longer and staggered terms. Moderated parliamentarism combines the benefits of different regime types and electoral systems in a way that optimizes four key constitutional principles in relation to political parties: it protects the purposive autonomy of parties and enables their ability to keep the four democratic costs low; it serves the party system optimality principle by making it more likely that every salient voter type will have a party to represent it, but also distinguishes between governance parties (which are likely to dominate the confidence and opposition chamber) and influence parties (which will have a space in the checking and appointing chamber); it aids the party-state separation principle by giving significant (and over-weighted) checking powers to smaller parties in the checking chamber; and it promotes the anti-faction principle by distinguishing between smaller influence parties that are polarizing factions from those that are not factional (and punishing the latter a lot less severely than the former). The traditional debates between presidentialism and parliamentarism, and between majoritarian and proportional electoral systems have endured for as long as they have because each system brings something attractive to the table. Moderated parliamentarism seeks to combine the most attractive elements of each — checks and balance from presidentialism, continuous precarity of the political executive from parliamentarism, anti-factionalism of majoritarian electoral systems, and political pluralism of proportional representation systems. Because these virtues are in tension, no system can maximize each of them without incurring a cost for another. Moderated parliamentarism is one way to optimize the virtues of each system and yet yield a stable and effective regime type.
  • S Atrey and G Pillai, 'A Feminist Rewriting of Air India v Nergesh Meerza AIR 1981 SC 1829: Proposal for a Test of Discrimination under Article 15(1)' (2021) Indian Law Review
  • S Atrey, 'Beyond Discrimination: Mahlangu and the Use of Intersectionality as a General Theory of Constitutional Interpretation' (2021) International Journal of Discrimination and the Law [Case Note]
  • Ekaterina Aristova and Uglješa Grušić (eds), Civil Remedies and Human Rights in Flux: Key Legal Developments in Selected Jurisdictions (Hart Publishing 2021) (forthcoming)
  • S Atrey, 'Feminist Constitutionalism: Mapping a Discourse in Contestation ' (2021) International Journal of Constitutional Law
  • S Atrey, 'On the Central Case Methodology in Discrimination Law' (2021) Oxford Journal of Legal Studies
  • R Kelly, 'Re-membering Red Riding Hood: Situated Solidarities between Ireland and Uganda.' (2021) Feminist Theory (forthcoming)
    Red Riding Hood is a story that has been retold and reimagined more frequently than most. Where the oral tradition often celebrated Red’s sexuality and cunning, literary versions transform the tale into one in which a young girl is blamed for her own rape – or, in many feminist versions, where she fights back. Drawing on discussions with writers and feminist activists in Uganda, and on work by Ugandan and Irish writers and scholars, I explore how this troubling and ambiguous story can be used to facilitate communication across difference and culturally-situated solidarities. I present a retelling of Red Riding Hood from an Irish perspective, using this as a springboard to explore parallels and disjunctures between Irish and Ugandan storytelling traditions and perspectives on women’s rights and sexuality. I explore the potential of using this well-known European story to surface and contest dominant framings of women’s rights, and as a contact point to enable dialogue between more peripheral European (Irish) and Ugandan (Buganda and Busoga) cultural traditions, facilitating mutual recognition, while remaining aware of and explicitly surfacing differences between these traditions. Telling and retelling ambiguous stories like Red Riding Hood can create space to consider where we come from and what we desire, and how those desires might be engaged through or might influence relationships of solidarity.
  • E. Jones, B. Kira, D. B. Garrido Alves and A. Sands, 'The UK and digital trade: Which way forward?' (2021) Blavatnik School of Government Working Papers
    The internet and digital technologies are upending global trade. Industries and supply chains are being transformed, and the movement of data across borders is now central to the operation of the global economy. Provisions in trade agreements address many aspects of the digital economy – from cross-border data flows, to the protection of citizens’ personal data, and the regulation of the internet and new technologies like artificial intelligence and algorithmic decision-making. The UK government has identified digital trade as a priority in its Global Britain strategy and one of the main sources of economic growth to recover from the pandemic. It wants the UK to play a leading role in setting the international standards and regulations that govern the global digital economy. The regulation of digital trade is a fast-evolving and contentious issue, and the US, European Union (EU), and China have adopted different approaches. Now that the UK has left the EU, it will need to navigate across multiple and often conflicting digital realms. The UK needs to decide which policy objectives it will prioritise, how to regulate the digital economy domestically, and how best to achieve its priorities when negotiating international trade agreements. There is an urgent need to develop a robust, evidence-based approach to the UK’s digital trade strategy that takes into account the perspectives of businesses, workers, and citizens, as well as the approaches of other countries in the global economy. This working paper aims to inform UK policy debates by assessing the state of play in digital trade globally. The authors present a detailed analysis of five policy areas that are central to discussions on digital trade for the UK: cross-border data flows and privacy; internet access and content regulation; intellectual property and innovation; e-commerce (including trade facilitation and consumer protection); and taxation (customs duties on e-commerce and digital services taxes). In each of these areas the authors compare and contrast the approaches taken by the US, EU and China, discuss the public policy implications, and examine the choices facing the UK.
  • T Khaitan, 'Two Facets of Religion: Religious Adherence and Religious Group Membership' (2021) 34 Harvard Human Rights Journal 231
    In this Essay, I explain the differences between the two basic human rights related to religion that are recognized by Bills of Rights the world over: the right to freedom of religion and the right against religious discrimination.
  • S Atrey, 'Beyond Universality: An Intersectional Justification of Human Rights’ ' in S Atrey and P Dunne (eds), Intersectionality and Human Rights Law (Hart 2020)
  • L Trueblood, 'Brexit and Two Roles for Referendums in the United Kingdom' in Richard Albert and Richard Stacey (eds), The Limits and Legitimacy of Referendums (OUP 2020)