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- From Latin American liberation theology to islamic coalition theology: the case of the islamic revolution of 1979 in IranPublication . Abbasi, SalarThis article will offer a comparative analysis between Latin American Liberation Theology (LALT) and Islamic Coalition Theology in the broader literature on liberation theology. The purpose of this comparison is to highlight a fundamental structural divergence in their political and theological orientations. The 1979 Islamic revolution in Iran is elaborated in this conceptual context to situate the debate in a recent practical example of the Islamic Coalition Theology that led to a political revolution. Whereas LALT developed as an autonomous Christian critique of structural injustice and Western capitalist domination, Islamic Coalition Theology, as also reverberated in the 1979 Islamic revolution in Iran evolved through a coalitional paradigm—what was contemporaneously described as the ‘red and the black reaction’ (ertejāʿ-e sorkh o siyāh in Persian)—in which Islamic, non-religious, and even irreligious ideologies temporarily converged to confront a shared adversary: Western imperialism and its domestic expansionism worldwide. Under the broader intellectual influence of twentieth-century global leftist movements, Iran’s revolutionary Islamism absorbed and adapted elements of Marxist and anti-capitalist discourse, and indeed merged with them without relinquishing its theological core. This study argues that such ideological hybridity reveals a distinctive pragmatism within Islamic political philosophy, wherein the pursuit of liberation is not confined to doctrinal purity but is instrumentally open to external alliances and ‘coalitions’ that lead to a common political goal. Through a comparative theological and political hermeneutic, the article will situate Islamic Coalition Theology within the global genealogy of liberationist thought, demonstrating how its strategic inclusiveness contrasts with LALT’s predominantly intra-Christian reformism. The article will build on the argument that Islam primarily encompasses a comprehensive normative and political and jurisprudential order grounded in the Quran; therefore, its coalition theology is charged with its political openness to be chaperoned with any political agenda that too pursues the common political goal.
- Strategic sea level rise litigationPublication . Rocha, Armando; Venkatachalam, ManasaSea level rise is one of the downstream adverse effects of GHG emissions and climate change, but also a source of risk to coastal States, communities, and ecosystems, which means that sea level rise, in itself, can be viewed as a form and a source of harm to several rights protected under international law. Accordingly, although there is neither a special regime of ‘sea level rise law’, nor a specialized ‘sea level rise court’, other regimes of international law and their centralized courts, treaty-based bodies, and administrative mechanisms can contribute to pursue the private and public goals of sea level rise litigation. As such, this article maps the alternative options for sea level rise litigation at the international level through the lenses of scenarios (ie regimes of international law and international courts, treaty-based bodies, and administrative mechanisms responsible for their centralized interpretation and application), players (ie States and non-State actors), and desired outcomes (ie purposes of litigation).
- A tributação dos grupos de sociedadesPublication . Antunes, José EngráciaO grupo de sociedades constitui a forma organizativa típica da grande empresa do nosso tempo. O presente artigo tem por objecto a análise sucinta de três dimensões fundamentais do regime jurídico- fiscal do fenómeno dos grupos societários: o regime especial de tributação dos grupos, os regimes de eliminação da dupla tributação económica e internacional, e outros regimes particulares (SGPS, preços de transferência, subcapitalização e normas anti-abuso).
- Going beyond the right to disconnect in a flexible world: light and shadows in the Portuguese reformsPublication . Pucheta, Mauro; Costa, Ana Cristina Ribeiro
- A new role for the EU budget: addressing the EU democratic deficit through fiscal policy and citizens' participationPublication . Matos, Nuno AlbuquerqueThe intergovernmental decision-making process in the economic governance of the European Union promotes and consolidates a unitary element of integration that hinders the nature of EU integration as a federation of previously independent States. Importantly, this impacts the model of financing and expenditure of the EU budget, as well as the representation of EU citizens, which presents significant shortcomings. Importantly, the outcomes in these areas are increasingly at odds with the deliverables expected by EU citizens, which fundamentally explains the perceived democratic deficit between them and the Union. As a result, it is essential to enhance the democratic credentials regarding the financing of the Union. To this end, I discuss why the adoption of a direct tax on income of EU citizens, directly accruing to the EU budget, is a least imperfect way to pursue. Likewise, citizens will only accept democratising revenue if the nature of expenditure changes. Therefore, a generality principle is discussed for Union spending to ensure that majorities are required to approve expenditure that is able to generate value for all groups of citizens, indistinctively.
- A responsabilidade civil dos administradores das sociedades desportivasPublication . Duarte, Rui Pinto
- From a right-based approach to competitiveness?: the EU digital omnibus reformPublication . Gregorio, Giovanni de; Ruschemeier, HannahThe European Union has advanced its agenda towards regulatory simplification. At first glance, the Digital Omnibus can indeed be considered a recalibration of EU digital policy from a rights-based paradigm towards an approach increasingly shaped by competitiveness and efficiency. However, while the omnibus proposals raise legitimate concerns about the possible dilution of the Union’s constitutionally oriented approach, they do not merely represent a simplification effort and a retreat from regulation. This paper argues that the approach towards simplification has not reduced the path towards the regulatory expansion of European digital policy. While focusing towards simplification, the Union approach seems to increase risks for fundamental rights and legal certainty while continuing to expand its digital agenda, as in the case of the Digital Services Act. This dual movement, presented as a coupling of simplification and regulatory expansion, is likely to make European digital regulation even more convoluted, thus increasing risks for fundamental rights and legal certainty. By looking at the goals of European digital constitutionalism, which focuses on the reframing of rights and power in the algorithmic society, the paper contends that the EU’s priority should shift away from this dual track and should not rely on simplification as a way to address constitutional questions which would require a broader strategy as in the case of enforcement.
- Is judicial restraint a matter of bright lines or of democratic deference?: a comment on Stavros Tsakyrakis’ ‘Justice Unrobed’Publication . Ribeiro, Gonçalo de AlmeidaPrompted by Stavros Tsakyrakis Essay ‘Justice Unrobed’, this Comment argues against a theory of judicial review that divides legislative and judicial competence along substantive lines (civil rights v. social rights and matters of principle v. matters of policy) and in favor of one that asks constitutional adjudicators to defer to the legislature on democratic grounds.
- Os estatutos sociais: noção, elementos e regime jurídicoPublication . Engrácia Antunes, José
- EditorialPublication . Pais, Sofia Oliveira