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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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Time-bar restrictions held to be reasonable and justifiable limitation of the right of access to court

In Road Accident Fund and Another v Mdeyide (CCT 10/10) [2010] ZACC 18 (30 September 2010) the South African Constitutional Court upheld an appeal against the high court’s declaration that the time-bar provision contained in the legislation regulating the affairs of the Road Accident Fund was unconstitutional. The time-bar clause under scrutiny stipulates that claims

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Published on October 25, 2010
Author:          Filed under: ANCL, hp, south africa
 
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South African Constitutional Court Building

I spent the last few weeks giving lectures at several South African law faculties on socio-economic rights issues, and on my book “Constitutional Rights in Two Worlds: South Africa and the United States.” I will write several posts about what I learned from my South African colleagues. One of the most interesting things I did

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Published on October 22, 2010
Author:          Filed under: hp, Mark Kende
 
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Constitutional Restrictions on the Freedom of Testation in South Africa

The Supreme Court of Appeal in South Africa in The Curators Ad Litem To Certain Potential Beneficiaries of the Emma Smith Educational Fund v The University of Kwa Zulu Natal [2010] ZASCA 136 (1st October 2010) dismissed an appeal against a judgment that set aside a racially restrictive clause limiting the beneficiaries of the Emma

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Published on October 18, 2010
Author:          Filed under: ANCL, hp, south africa, testacy
 
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Courting Trouble in Pakistan: the Next Chapter

The tug-of-war between the Supreme Court of Pakistan and that country’s executive continues. In 2007 Pervez Musharraf sacked the court’s chief justice and two associate justices for openly opposing the erstwhile dictator’s seizure of emergency powers. Within hours of the dismissal throngs of lawyers had taken to the streets in protest, exacerbating the crisis and

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Published on October 17, 2010
Author:          Filed under: Daniel Lansberg-Rodriguez, hp, Pakistan
 
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Call for Papers from African Network of Constitutional Lawyers

The African Network of Constitutional Lawyers has issued a call for papers for its annual conference, to be held in Rabat, Morocco 2 – 5 February 2011. The theme this year is “The Internationalization of Constitutional Law” From the call: “Constitutional law has always been subject to multiple foreign and international influences but the process

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Published on October 13, 2010
Author:          Filed under: ANCL, hp
 
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American Miranda Rights in Canada

In a judgment that is certain to breed controversy, the Supreme Court of Canada ruled yesterday that the Charter of Rights and Freedoms “does not mandate the presence of defence counsel throughout a custodial interrogation” (R. v. Sinclair, 2010 SCC 35, para. 2). Already, the Court’s 5-4 judgment has attracted criticism from several corners of

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Published on October 9, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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War on Drugs and Due Process in Mexico

A few days ago, a federal judge in Mexico ordered the release of a group of local government officials from the state of Michoacán (some of them elected, others appointed) that the office of the Mexican Attorney General (Procurador General in Spanish) accused of having links with the organized crime. The judge considered that prosecutorial

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Published on October 8, 2010
Author:          Filed under: due process, hp, Julio Rios-Figueroa, Mexico
 
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Comparative Originalism

Thank you to Tom for noting my book review! I did want to add one thing: The issue of how the courts of other countries interpret their constitutions is relatively understudied. There is a good book with single-country studies from 2007 edited by Jeffrey Goldsworthy (Monash University, Australia). I have a reply forthcoming in the

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Published on October 7, 2010
Author:          Filed under: constitutional interpretation, David Fontana, hp, originalism
 
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Book review of Making Our Democracy Work

Our colleague David Fontana of George Washington University has a book review of Justice Stephen Breyer’s new book here. An excerpt: “It is hard to understand Breyer’s approach to the Constitution without first considering the alternative that he is responding to, conventionally called originalism. Originalism, as Scalia has described it, means that the Constitution should

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Published on October 5, 2010
Author:          Filed under: David Fontana, hp, United States
 
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General elections in Bosnia and Herzegovina reveal ethnic frustrations

The latest general elections in Bosnia and Herzegovina, held on 3 October 2010, exemplify just how troubling the ethno-democratic Constitution of the country is. This is particularly visible in the election of the members of the Presidency of Bosnia and Herzegovina. The Constitution of B&H provides (in Article V) that the Presidency will have three

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Published on October 4, 2010
Author:          Filed under: Bosnia, hp, Nedim Kulenović