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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home 2010 June
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German Right to Die Case and Supreme Court Confirmation

As has been reported in the press, the Federal Constitutional Court of Germany recently issued a ruling making it easier for relatives and others to allow loved ones to die in certain situations. Given the power of the right to dignity and the right to life under the Basic Law, this is significant both there

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Published on June 29, 2010
Author:          Filed under: hp, Mark Kende
 
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and Kyrgyz Republic passes the Constitution

Vote-counting is well under way in Kyrgyzstan. With 90% of precints counted, news reports indicate over 90% support for the new Constitution. No doubt this will be seen as a vote of confidence in the interim Otunbayeva government. Russia’s President Medvedev expressed skepticism about the ability of the parliamentary system to resolve Krgyzstan’s difficulties, including

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Published on June 28, 2010
Author:          Filed under: hp, Kyrgyzstan, Tom Ginsburg
 
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Embattled Government of Kyrgyzstan seeks referendum for June 27

In early April 2010 bloody riots rocked the Kyrgyz capital of Bishkek in response to high utility costs and brutal levels of perceived corruption. For nearly a week, thousands of protesters took to the streets in a bloody clash which reportedly killed at least eighty people and wounded nearly 500 more. During the chaos, President

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Published on June 27, 2010
Author:          Filed under: Daniel Lansberg-Rodriguez, hp, Kyrgyzstan
 
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A Supreme Court vs. Religious Authorities Showdown in Israel

In August 2009 I wrote here about the Israeli Supreme Court ruling that involved a clash between the right to sectarian autonomy in education, and equality rights. A girls-only publicly-funded religious school introduced separation between an educational stream for Ashkenazi Hasidic community girls, and a different stream for Sephardic (Mizrahi) girls. The school’s main claim

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Published on June 25, 2010
Author:          Filed under: Israel, Ran Hirschl
 
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More Soccer and Comparative Constitutionalism

The U.S. sports network ESPN has produced a fascinating documentary called The Two Escobars. It examines the link between Columbian soccer and the various drug cartels there during the period of the ascendancy of Pablo Escobar, who led the Medellin Cartel. The star soccer player who is the film’s focus is Andres Escobar. He unfortunately

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Published on June 25, 2010
Author:          Filed under: hp, Mark Kende
 
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World Cup and U.S. Supreme Court Nominations

This op-ed might be of interest to the readership: http://www.csmonitor.com/Commentary/Opinion/2010/0610/Beyond-World-Cup-soccer-savvy-US-should-look-to-South-Africa-on-Supreme-Court-nominations

Published on June 17, 2010
Author:          Filed under: hp, Mark Kende
 
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The Legal Status of the Queen in Canada

Canada is constitutional monarchy, a term which refers to a system of government headed by a monarch whose actions are both constrained and compelled by a constitution. The monarch in Canada is the Queen. The Constitution Act of 1867 says so expressly and the Constitution Act of 1982 affirms it implicity. But the question that

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Published on June 15, 2010
Author:          Filed under: Canada, Constitutional Monarchy, hp, Queen, Richard Albert
 
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Enacting Constitutionalism

For readers who might be interested in a paper on the constitutional enactment of independent judicial institutions, may I suggest a paper just published entitled “Enacting Constitutionalism,” in which my coauthor and I focus on the political composition of the constituent body and its implications for the type of institutions enacted. The paper is available

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Political (and constitutional) Turmoil in Belgium

In the world of constitutional design, few things could be more ironic than a country that at the same time is home to the unofficial capital of the new Europe just as its own political and constitutional future is increasingly under siege. The New Flemish Alliance Party (NVA), which advocates a peaceful breakup of Belgium

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Published on June 14, 2010
Author:          Filed under: Belgium, Language rights, Ran Hirschl
 
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Xenophobia in South Africa and the U.S.

South Africa has had a problem with outbreaks of violence against foreigners in the last few years. This is especially distressing given the nation’s legacy of oppressing groups based on their backgrounds. These developments also pose real challenges to the nation’s hopeful and progressive constitution. Unfortunately, there are rumors that some in the governing party

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Published on June 5, 2010
Author:          Filed under: hp, Mark Kende