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Blog of the International Journal of Constitutional Law
Home 2010 February (Page 2)
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Is the Filibuster a Constitutional Convention?

Jake Tapper, ABC’s Senior White House Correspondent, reported yesterday that momentum is building behind the effort to change the current United States Senate rules which authorize the use of the filibuster. The filibuster is a procedural device whose consequence is to require supermajority support in order to vote on a legislative proposal. Some, notably Senator

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Myanmar’s Constitution: Born to Fail?

In this interesting op-ed, Arnold Corso suggests that the answer to the question in the title is “yes.” The Myanmar constitution–17 years in the making–was produced in a behind-the-scences process with no public participation. It is fairly inflexible as well. Although it has a good deal of detail which we find to be associated with

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Published on February 10, 2010
Author:          Filed under: hp, Myanmar, Tom Ginsburg
 
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Constitutional courts in hot political water in Bosnia & Herzegovina, and in the Republic of Macedonia

Several of the now independent countries, once republics of the former Yugoslavia are a constant source of politically signficant constitutional jurisprudence. The last week provided two illustrations. As our avid readers will recall, the European Court of Human Rights held last December that the “consociational” or “power-sharing” pact in Bosnia-Herzegovina (one of the outcomes of

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Published on February 8, 2010
Author:          Filed under: Bosnia, Macedonia, Ran Hirschl
 
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Summer Programs in Comparative Constitutional Law

As the summer season approaches, so too are deadlines for enrolling in summer law school programs.  For students interested in comparative constitutional law, here is a useful list of summer law school programs in comparative and international law.  Let me highlight just a few options for students: Howard University School of Law’s Comparative and International Law

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Published on February 6, 2010
Author:          Filed under: education, hp, Richard Albert, summer law programs
 
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Third Stage of Socio-Economic Rights

My first post showed how the South African Constitutional Court used a “reasonableness” test in assessing whether the state had met its constitutional socio-economic obligations. My second post explained that the Court recently required the government to “meaningfully engage” with vulnerable parties to try to resolve socio-economic disputes. Constitutional Court decisions, however, towards the end

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Published on February 5, 2010
Author:          Filed under: Mark Kende hp
 
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Chinese Constitutionalism Again…

Tom Ginsburg and Mike Dowdle have invited me to respond to Mike’s critique last September in this space of a comment of mine, and I both thank them for the opportunity and apologize for taking so long. In a previous life I was probably a contractor. Mike confessed himself depressed by a reported statement of

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Published on February 4, 2010
Author:          Filed under: China, Donald Clarke, hp
 
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Japan’s Prosecutors Score a Big Win

UN human rights committees and other international observers have called for major changes to Japan’s interrogation procedures for more than a decade, claiming that extended interrogations without the presence of counsel deny fundamental rights. The most commonly proposed remedy is complete recording of interrogations. The DPJ appointee as Minister of Justice is a progressive member

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Published on February 2, 2010
Author:          Filed under: criminal justice, Democratic Party of Japan, hp, Japan
 
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Renewing the Upper Chamber in Canada

The Canadian Prime Minister has recently appointed a slate of five new Senators to the Upper Chamber. Two things are significant about this latest round of Senatorial appointments. First, the governing Conservative Party now holds a plurality of seats in the Senate after spending years in the wilderness of minority status. Second, the prospect that the

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Published on February 2, 2010
Author:          Filed under: Canada, constitutional design, hp, Richard Albert, Senate of Canada
 
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Kenya process moves forward…

Kenya’s Parliamentary Select Committee has now returned the draft constitution—heavily modified—to the Committee of Experts for reconsideration. The major change was dropping the semi-presidential system in favor of a pure presidential system with a directly elected president, reflecting demand from the public for greater clarity and clearer channels of accountability. The switch from semi-presidentialism is

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Published on February 1, 2010
Author:          Filed under: hp, Kenya, Tom Ginsburg