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Blog of the International Journal of Constitutional Law
Home 2010 (Page 13)
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Prime Minister Berlusconi vs. The Constitutional Court

Italian Prime Minister Sylvio Berlusconi has won the latest round in his continuing battle versus the Constitutional Court. Although his recent victory is far from decisive in the larger view, the Prime Minister has scored a significant point that will give him a much needed reprieve. Return for a moment to October 2009. It was

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Published on March 14, 2010
Author:          Filed under: hp, Italy, Richard Albert, Sylvio Berlusconi
 
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Kenya process: the next hurdle

Readers of this blog know that we have been following the Kenya constitution-making process with a close eye. This coming week, debate is to begin in the parliament over the revised draft produced by the Committee of Experts. That draft has been considered by the Parliamentary Select Committee for the past couple weeks. The signs

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Published on March 13, 2010
Author:          Filed under: abortion, hp, Kenya, Tom Ginsburg
 
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The ECtHR rules on Greek-Cypriots’ Right of Return; the ECJ rules on the Economic Treaty Status of Jewish Settlements

Two important rulings from Europe reinforce the increasing significance of supra-national quasi-constitutional regimes in dealing with international political hot potatoes. In a landmark ruling the ECtHR held last week (Demopoulos et al. v. Turkey)that Greek refugees who had fled northern Cyprus during the Turkish invasion in 1974 do not have an automatic, unqualified right of

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South Korean Constitutional Court (barely) upholds the death penalty

By a 5-4 vote, South Korea’s Constitutional Court has upheld the constitutionality of the death penalty, per this report in the Hankyoreh. Notably, two of the justices in the majority called for legislative modification or abolition of the death penalty. The Korean Bar Association’s statement in response to the ruling describes “the prestige of the

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Published on March 11, 2010
Author:          Filed under: David Law, death penalty, hp, South Korea
 
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Weiler on the UK Supreme Court

The first issue of the Jewish Review of Books has just published an excellent critique by Joseph Weiler of the UK Supreme Court’s decision in the Jewish Free School Case (see our earlier posts here and here). The case held that the admissions criteria of the Jewish state-supported school, denying admission to a child whose

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Published on March 5, 2010
Author:          Filed under: hp, religion, Tom Ginsburg, United Kingdom
 
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German Privacy Decision

The Federal Constitutional Court in Germany has apparently reversed an anti-terror law that allowed authorities to keep information about certain telephone calls and emails for up to six months. The Court said this was a “grave intrusion” on privacy rights. 35,000 Germans supposedly joined in the appeal and the Court has ordered deletion of the

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Published on March 4, 2010
Author:          Filed under: Mark Kende hp
 
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When Should Supreme Court Judges Retire?

India is the latest state to debate the proper age at which Supreme Court justices should retire. At present, Indian Supreme Court Justices retire at age 65. The current proposal would raise the age of retirement by three years to 68. The Government of India, speaking though the Minister for Law, Justice and Company Affairs, has

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Published on March 1, 2010
Author:          Filed under: hp, India, retirement, Richard Albert, Supreme Court justices
 
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Colombian Judges Stop Álvaro Uribe’s Reelection Plans

Back in 2005, in a 7-2 decision, the Colombian Constitutional Court decided to uphold the constitutional amendment that allowed current president, Álvaro Uribe, to be reelected. Today, also in a 7-2 decision, the Colombian Constitutional Court decided that it won’t take place the referendum that would have given to voters the last word on whether

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Published on February 27, 2010
Author:          Filed under: hp, Julio Rios-Figueroa, Latin America, term limits
 
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Chinese Constitutionalism

Professor Randy Peerenboom has an important article now available on SSRN regarding Chinese constitutionalism. It’s called “The Social Foundations of China’s Living Constitution.” The URL is: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1542463Here’s the abstract: The article examines the social foundations of constitutionalism in China, focusing on constitutions as a historical response to particular events. The goal is to move beyond

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Published on February 25, 2010
Author:          Filed under: Mark Kende hp
 
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Socio-Economic Rights Resource

There is a wonderful resource for those interested in the issue of socio-economic rights in South Africa and other countries that may not be well known. It’s called the ESR Review, which stands for Economic and Social Rights in South Africa. It is produced by the University of the Western Cape Community Law Centre. It

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Published on February 22, 2010
Author:          Filed under: Mark Kende hp