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Blog of the International Journal of Constitutional Law
Home 2009 August (Page 2)
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Canadian Decision on Guantánamo Bay

As noted in this New York Times story, a Federal Court of Appeal in Canada ordered Stephen Harper’s government to become more involved in seeking the release of a Canadian held in American custody.

Published on August 15, 2009
Author:          Filed under: Uncategorized
 
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Collateral Convictions and Comparative Constitutional Law

A new article about the collateral consequences of criminal convictions, with a comparative element looking at constitutional-style constraints on these consequences in several countries: This article explores the racial dimensions of the various collateral consequences that attach to criminal convictions in the United States. The consequences include ineligibility for public and government-assisted housing, public benefits

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Published on August 15, 2009
Author:          Filed under: Uncategorized
 
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Once Pinochet’s Censor, Now President of the Constitutional Court

Even close observers of Chile’s constitutional politics were taken by surprise when an electronic newspaper (‘El Mostrador’) reported a few weeks ago that the new President of the Constitutional Court had been the director of DINACOS (an agency organized during Augusto Pinochet’s regime to implement censorship). The new head of the Constitutional Court, Marcelo Venegas,

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Published on August 15, 2009
Author:          Filed under: Chile, constitutional politics, hp, Javier Couso
 
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A noteworthy decision by the Mexican Supreme Court

On December 22, 1997 forty five persons from an indigenous community in Chiapas (a state of southern Mexico) were killed while they were praying early in the morning. The horrendous crime was followed by another one: under a lot of pressure the prosecutors captured and imprisoned fifty seven persons but several of them on false

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Published on August 14, 2009
Author:          Filed under: hp, Julio Rios-Figueroa, Latin America, Mexico
 
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Untitled

The Iraq Constitutional Review Committee (CRC) just submitted its final report to Parliament – over two and half years after it began its constitutionally mandated comprehensive review, the report comes in at 65 pages (in English) and represents dozens of amendments to the 2005 Constitution. The report contains a number of important substantive recommendations that

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Published on August 13, 2009
Author:          Filed under: amendment, constitutional change, Jason Gluck
 
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Nepal’s Constitution Drafting Process

Nepal is in the midst of drafting a new constitution to address the aspirations of the many ethnic, religious, and linguistic groups that call Nepal “home”. This is a tall order, especially given that this constitutional process is part of a larger peace process aimed at, among other things, ending the decade-long “People’s War” launched

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Published on August 13, 2009
Author:          Filed under: hp, Nepal, Terry Hoverter
 
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The Puzzle of Unamendable Provisions: Debate-Impairing Rules vs. Substantive Entrenchment

Many constitutions purport to make some provisions immune from ordinary amendment processes. The Constitution of Turkey, for example, states that the character of the country as a secular democracy and republic cannot be changed, and forbids any proposal to amend these provisions. Thailand’s constitution entrenches the monarch as head of state. Other countries purport to

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Published on August 13, 2009
Author:          Filed under: amendment, honduras, hp, Tom Ginsburg
 
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Israel’s equality in education

Equality in education continues to be a main issue in the ongoing political and culture wars within Israeli society. On August 6, the Supreme Court of Israel, seating as High Court of Justice released an important ruling in a case dealing with a clash between the right to sectarian autonomy in education, and equality rights.

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Published on August 12, 2009
Author:          Filed under: education, equality rights, hp, Israel, Ran Hirschl
 
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Notable new book on the constitutionalization of international law

It’s rare to come across a collection of papers and to feel that one may be witnessing something fresh and important, the birth of a field, or at least a subfield. But I’ve had that experience twice this year – once this spring, when I got my hands on the recent “Rule by Law” collection

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Book on Oakes

Published on August 11, 2009
Author:          Filed under: Uncategorized