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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home 2009 November
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Honduras vote coming in…

and it looks like the conservatives have won. The crisis, however, is likely not over, with most South American nations continuing to assert that the election results are not to be recognized. From the beginning, the Honduras affair has defied conventional political analysis. The term “coup” continues to be used as an epithet, but the

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Published on November 30, 2009
Author:          Filed under: honduras, hp, Tom Ginsburg
 
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A Win for Wal-Mart, in Canada of All Places

Last week I wrote here about a landmark anti-privatization ruling by the Supreme Court of Israel. But those who thought the days of pro-business, neo-liberal jurisprudence were over, got a sobering reality check reminder last Friday, courtesy of the Supreme Court of Canada. A few years ago, the workers in a Wal-Mart store in the

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Published on November 29, 2009
Author:          Filed under: Canada, Labor rights, Ran Hirschl
 
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Israeli Supreme Court says Privatized Prisons Unconstitutional

Until the early-1980s, Israel’s economy was one of the most centralized in the non-communist world. Over the last two decades, it has undergone considerable liberalization that at times amounted to a local version of an all-out Thatcherite neo-liberalism. During much of the 1990s, the Supreme Court was quite cooperative, granting property rights an elevated constitutional

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Published on November 21, 2009
Author:          Filed under: Israel, privatization, Ran Hirschl
 
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Supreme Court of Canada v. detention of juveniles at Guantanamo Bay

Today the Supreme Court of Canada heard oral argument in Prime Minister of Canada et al. v. Omar Ahmed Khadr. Slate’s Dahlia Lithwick (a fellow Canadian, if I am not mistaken) has a very nice story about it here. In a nutshell, the Canadian Supreme Court is being asked to clean up the legal mess

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Ethics for constitutional advisors?

This mornings NY Times reports that Peter Galbraith, advisor to the Kurdish government, was negotiating oil deals on his own behalf while helping to influence Iraq’s constitution-making process. The scale of Galbraith’s prospective gains, upwards of $100 million, are shocking. It is not clear that he had a conflict of interest with regard to Kurdish

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Published on November 12, 2009
Author:          Filed under: ethics, hp, iraq, Tom Ginsburg
 
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Out with the old, in with the new

The newly minted Supreme Court of the UK handed down its first decision this week, after coming to power on October 1, 2009. There is no doubt that Brits (and the rest of us) are still getting used to the idea of new branch of government in the UK. There is even some question (in

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A New Book on the Latin American Amparo Suit

The amparo proceeding is a Latin American extraordinary judicial remedy specifically conceived for the protection of constitutional harms or threats inflicted by authorities or individuals. Allan Brewer-Carías, one of Latin America’s most important constitutional lawyers, has written a book that highlightsthe recent trends and identifies variations in the constitutional and legal regulations on the amparo

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Published on November 7, 2009
Author:          Filed under: hp, Julio Rios-Figueroa, Latin America
 
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New report on constitutional treatment of the environment

The Reports section of this website has a new report on constitutional treatment of the environment–look under the “Special Issue Domains” menu under the Reports tab. Constitutional treatment of the environment is a relatively recent phenomenon, but is now found in some 66% of texts. Some constitutions provide for a duty of the state to

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Published on November 6, 2009
Author:          Filed under: environment, hp
 
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The Honduran Crisis as Constitutional Inoculation?

It may be time to turn to some of the broader implications of the Honduran constitutional crisis now that a resolution to at least the immediate standoff is in sight. In particular, what will be the fate of the Honduran constitution? Ironically, some have suggested that a constitutional convention to rewrite the document – the

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Published on November 5, 2009
Author:          Filed under: constitutional change, honduras, hp, Latin America, term limits, Zachary Elkins
 
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The European Court of Human Rights says no to crucifixes in Italian classrooms

Short version of Lautsi v. Italy: an Italian mother of Finnish origin has two children in school. The classrooms in which her children are instructed have crucifixes prominently displayed. She unsuccessfully petitions the government to have them removed before seeking relief from the European Court of Human Rights. The court awards her 5,000 euros in

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