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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home 2010 January
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Canadian Supreme Court decision in Khadr handed down

For those following the Khadr case (previously discussed here), the Supreme Court of Canada has handed down its decision. To recap, Khadr is a Canadian citizen who was captured by the U.S. as a teenager and has been tortured in the course of his indefinite detention without trial at Guantanamo Bay. He has been fighting

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Published on January 30, 2010
Author:          Filed under: Canada, David Law, Guantanamo Bay, hp, Supreme Court of Canada
 
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Shoe Throwing at the Israeli Supreme Court

A strange incident at the Israeli Supreme Court — a person with a record of threatening lower court judges threw his shoes (a-la Iraqi journalist move) at no else than Chief Justice Dorit Beinisch during a Supreme Court hearing in a matter unrelated to the shoe thrower. CJ Beinisch was hurt and required medical treatment

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Published on January 28, 2010
Author:          Filed under: Israel, Ran Hirschl
 
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Socio-Economic Rights: The Second Stage

In a post last week, I argued that the South African Constitutional Court’s first stage of socio-economic rights decisions threaded a needle by enforcing such rights, yet accommodating separation of powers concerns. This new post discusses the second of the Court’s three stages. In this second stage, the Constitutional Court also dealt with several cases

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Published on January 28, 2010
Author:          Filed under: Mark Kende hp
 
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Turkish court ruling

Jurist reports that Turkey’s constitutional court has over-turned a law allowing for civilian prosecution of military personnel in civilian courts. The report describes the law as being a barrier to EU accession, but the real politics are likely domestic: the law was promulgated in part to facilitate investigation of military officials and others who were

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Published on January 27, 2010
Author:          Filed under: hp, Tom Ginsburg, Turkey
 
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Competing Models of Democracy in Canada and the United States

A few years ago, Michael Adams illuminated the many ways in which the United States and Canada are hardening in their views on civil society, culture, and politics. Entitled “Fire and Ice,” the book marshals an encyclopedic volume of data to show that Canada retains its own distinct identity—one that remains vibrant and strong despite

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Published on January 25, 2010
Author:          Filed under: campaign finance; election, Canada, hp, Richard Albert, United States
 
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Statutes on constitutional amendment procedure?

here is a question from Mongolia, where the parliament is considering drafting a statute on constitutional amendments. Some countries have specific statutes to cover the procedure for proposing and passing an amendment, filling in details not contained in the constitution. Do any readers have examples of such statutes? Please let us know by comment if

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Published on January 25, 2010
Author:          Filed under: hp, Tom Ginsburg
 
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How Representative is the Senate Minority Anyway?

Last week’s Senate election in Massachusetts had many of us thinking about the merits and demerits of the filibuster. A basic question that sprang to mind, given the well-known malapportionment of the Senate, was this: what percent of Americans are represented by the 41 would-be filibusterers? I was supremely disappointed by cyberspace to find that

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Published on January 25, 2010
Author:          Filed under: filibuster, hp, senate, United States, Zachary Elkins
 
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Is the Japanese Supreme Court spreading its wings?

Last week, the Japanese Supreme Court ruled that it is unconstitutional for a municipal government to offer city-owned land without charge for the site of a Shinto shrine. The ruling by the top court’s Grand Bench upheld the contention of the plaintiffs that the municipal government of Sunagawa, Hokkaido had violated the constitutional requirement of

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Published on January 24, 2010
Author:          Filed under: hp, Japan, Tom Ginsburg
 
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Three Stages of Socio-Economic Rights?

The South African Constitutional Court has issued internationally significant decisions abolishing the death penalty, legalizing same-sex marriage, and ruling that their Constitution’s socio-economic rights provision are enforceable rather than aspirational. The socio-economic rulings are among the first of their kind internationally with some exceptions (for example, India and Columbia). Yet the Constitutional Court has recently

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Published on January 22, 2010
Author:          Filed under: Uncategorized
 
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Constitutional Overhaul in Mexico?

In 2010, most Latin American countries celebrate the bicentennial anniversary of the start of their wars of independence from Spain. Mexico, in addition, celebrates the centennial anniversary of its social revolution. In part because “we cannot afford to waste this year’s symbolic political energy” (words of the Secretary of the Interior), and in part to

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Published on January 22, 2010
Author:          Filed under: constitutional change, hp, Julio Rios-Figueroa, Latin America, Mexico