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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2010 (Page 15)
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Summer Programs in Comparative Constitutional Law

As the summer season approaches, so too are deadlines for enrolling in summer law school programs.  For students interested in comparative constitutional law, here is a useful list of summer law school programs in comparative and international law.  Let me highlight just a few options for students: Howard University School of Law’s Comparative and International Law

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Published on February 6, 2010
Author:          Filed under: education, hp, Richard Albert, summer law programs
 
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Third Stage of Socio-Economic Rights

My first post showed how the South African Constitutional Court used a “reasonableness” test in assessing whether the state had met its constitutional socio-economic obligations. My second post explained that the Court recently required the government to “meaningfully engage” with vulnerable parties to try to resolve socio-economic disputes. Constitutional Court decisions, however, towards the end

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Published on February 5, 2010
Author:          Filed under: Mark Kende hp
 
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Chinese Constitutionalism Again…

Tom Ginsburg and Mike Dowdle have invited me to respond to Mike’s critique last September in this space of a comment of mine, and I both thank them for the opportunity and apologize for taking so long. In a previous life I was probably a contractor. Mike confessed himself depressed by a reported statement of

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Published on February 4, 2010
Author:          Filed under: China, Donald Clarke, hp
 
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Japan’s Prosecutors Score a Big Win

UN human rights committees and other international observers have called for major changes to Japan’s interrogation procedures for more than a decade, claiming that extended interrogations without the presence of counsel deny fundamental rights. The most commonly proposed remedy is complete recording of interrogations. The DPJ appointee as Minister of Justice is a progressive member

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Published on February 2, 2010
Author:          Filed under: criminal justice, Democratic Party of Japan, hp, Japan
 
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Renewing the Upper Chamber in Canada

The Canadian Prime Minister has recently appointed a slate of five new Senators to the Upper Chamber. Two things are significant about this latest round of Senatorial appointments. First, the governing Conservative Party now holds a plurality of seats in the Senate after spending years in the wilderness of minority status. Second, the prospect that the

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Published on February 2, 2010
Author:          Filed under: Canada, constitutional design, hp, Richard Albert, Senate of Canada
 
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Kenya process moves forward…

Kenya’s Parliamentary Select Committee has now returned the draft constitution—heavily modified—to the Committee of Experts for reconsideration. The major change was dropping the semi-presidential system in favor of a pure presidential system with a directly elected president, reflecting demand from the public for greater clarity and clearer channels of accountability. The switch from semi-presidentialism is

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Published on February 1, 2010
Author:          Filed under: hp, Kenya, Tom Ginsburg
 
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Canadian Supreme Court decision in Khadr handed down

For those following the Khadr case (previously discussed here), the Supreme Court of Canada has handed down its decision. To recap, Khadr is a Canadian citizen who was captured by the U.S. as a teenager and has been tortured in the course of his indefinite detention without trial at Guantanamo Bay. He has been fighting

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Published on January 30, 2010
Author:          Filed under: Canada, David Law, Guantanamo Bay, hp, Supreme Court of Canada
 
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Shoe Throwing at the Israeli Supreme Court

A strange incident at the Israeli Supreme Court — a person with a record of threatening lower court judges threw his shoes (a-la Iraqi journalist move) at no else than Chief Justice Dorit Beinisch during a Supreme Court hearing in a matter unrelated to the shoe thrower. CJ Beinisch was hurt and required medical treatment

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Published on January 28, 2010
Author:          Filed under: Israel, Ran Hirschl
 
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Socio-Economic Rights: The Second Stage

In a post last week, I argued that the South African Constitutional Court’s first stage of socio-economic rights decisions threaded a needle by enforcing such rights, yet accommodating separation of powers concerns. This new post discusses the second of the Court’s three stages. In this second stage, the Constitutional Court also dealt with several cases

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Published on January 28, 2010
Author:          Filed under: Mark Kende hp
 
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Turkish court ruling

Jurist reports that Turkey’s constitutional court has over-turned a law allowing for civilian prosecution of military personnel in civilian courts. The report describes the law as being a barrier to EU accession, but the real politics are likely domestic: the law was promulgated in part to facilitate investigation of military officials and others who were

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Published on January 27, 2010
Author:          Filed under: hp, Tom Ginsburg, Turkey