Blog of the International Journal of Constitutional Law

Month: March 2010

  • A Step Backwards for the Iraq Judiciary

    The Iraq judiciary has made great strides in its capacity and independence since the fall of the Saddam regime, as demonstrated by brave and politically unpopular decisions made in the name of fair and impartial adjudication. In 2008 the Iraq Supreme Court vacated the Council of Representative’s decision to strip a parliamentarian’s immunity so he could be prosecuted for traveling to Israel.

  • A Step Backwards for the Iraqi Judiciary

    The Iraq judiciary has made huge strides in its capacity and independence since the fall of the Saddam regime, making brave and politically unpopular decisions in the name of integrity and fair and impartial adjudication. In 200 The political turmoil over the Iraq elections was bound to touch the judiciary —It could have been an opportunity for the judiciary to assert its independence and firmly establish itself as an


    Legislation has been introduced in Quebec to ban women from covering their faces when seeking or providing provincial services. This would effectively prevent Muslim women needing such services from wearing the niquab, a veil that covers the face. Supporters argue this promotes gender equality and more open interactions between the province’s citizens.

  • Gay rights in Zimbabwe: perhaps not just yet

    If you’re looking for an example of a country where gay rights are not exactly catching on, look no further than Zimbabwe. The BBC reports that Robert Mugabe, not exactly a darling of Western liberals to begin with, had this to say about the possibility of introducing gay rights into the new constitution under discussion: “That issue is not debatable, it’s not up for discussion.

  • Guest blogger Nardi: Courting Constitutional Chaos in the Philippines

    Just six weeks before Filipinos go to the polls, a recent Supreme Court decision and a poorly timed birthday have caused yet another constitutional crisis. Under the 1987 Constitution, all Supreme Court justices must retire when they reach the age of 70.

  • Kenya process keeps chugging along

    The Kenyan drafting process continues to move forward, with the debate in parliament due to wrap up this week. The MPs, having received the latest draft from the Committee of Experts and the Parliamentary Select Commission, have apparently made some changes toward consolidation of local government, a major issue in the drafting debates.

  • New President at the FCC & Some Thoughts on the Appointment Process

    Last week, Hans-Jürgen Papier retired from his position as President of the Federal Constitutional Court (FCC) and chief judge of the First Senate upon expiration of his 12 year term on the court. His successor as President is the former Vice-President of the Court Andreas Voßkuhle (FCC press release in German here).

  • Dueling Interpretations of American Law on the Canadian Supreme Court

    Yesterday, the Canadian Supreme Court issued a 4-3 ruling in R. v. Morelli, a controversial case concerning whether a search warrant for a personal computer had been issued pursuant to defective information. The majority concluded that the authorities had obtained the search warrant on the basis of misleading, inaccurate, and incomplete information.

  • Institutional dialogue and human rights in Victoria

    For those interested in the evolution of Gardbaum’s ‘new Commonwealth model of constitutionalism’ and the potential for the design of a rights instrument to promote inter-institutional dialogue a recent decision of the Court of Appeal of the Supreme Court of the Australian State of Victoria deserves attention: The Queen v Momcilovic [2010] VSCA 50 Victoria has had a Charter of Human Rights and Responsibilities since 2006.

  • Egypt on Female Judges

    An Associated Press Report states that Egypt’s Constitutional Court has supported the right of women to serve as administrative court judges despite conservative opposition. The ruling addressed a conflict in the State Council, which is the country’s highest administrative court. According to AP, the Constitutional Court said that all citizens were equal before the law.