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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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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

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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

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Published on March 31, 2010
Author:          Filed under: Uncategorized
 
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QUEBEC AND RELIGION

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. Even national liberal

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Published on March 29, 2010
Author:          Filed under: hp, Mark Kende
 
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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:

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Published on March 27, 2010
Author:          Filed under: David Law, gay rights, hp, Zimbabwe
 
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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. Current Chief Justice Reynato Puno will turn 70 on May 17. However, Chapter

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Published on March 26, 2010
Author:          Filed under: hp, Philippines
 
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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. Some of

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Published on March 24, 2010
Author:          Filed under: abortion, hp, Kenya, Tom Ginsburg
 
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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). Voßkuhle concurrently serves

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Published on March 23, 2010
Author:          Filed under: Claudia Haupt, Germany, hp, judicial appointments
 
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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. The result was

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Published on March 20, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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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

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Published on March 20, 2010
Author:          Filed under: Australia, Cheryl Saunders, hp
 
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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.

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Published on March 16, 2010
Author:          Filed under: Mark Kende hp