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Blog of the International Journal of Constitutional Law
Home 2010 (Page 7)
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Argentina Legalizes Gay Marriage

After 15 hours of debate in the Senate on July 15, Argentina became the first nation in Latin America to legalize gay marriage. One of the more contentious developments in the second half of the twentieth century has been the struggle between religion and the State over the power to regulate family life and gender

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Published on July 16, 2010
Author:          Filed under: Uncategorized
 
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The Law and the Social Reality of Other Constitutions

And you thought you knew nothing about the constitution of Morocco? By the time I am done with these posts, you will hardly remember that day. Below, another reflection on reading the constitution of Morocco and then traveling the country of Morocco: The gap between constitutional reality and constitutional text can often be quite profound.

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Published on July 11, 2010
Author:          Filed under: Uncategorized
 
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Political Parties and Comparative Constitutional Law

Another thought inspired by reading the Constitution of Morocco: Bruce Ackerman and others have written in the American context of how our Constitution says nothing about political parties, and the problems that has caused. Even given this, though, reading other constitutions is always enlightening because of the substantial attention it shines on just how much

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Published on July 9, 2010
Author:          Filed under: David Fontana, hp
 
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Important Decision from European Court of Human Rights

As noted here, there was an important ruling on extradition-related matters from the European Court of Human Rights on Thursday.

Published on July 9, 2010
Author:          Filed under: Uncategorized
 
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Televising Supreme Court nomination hearings

Elena Kagan’s nomination hearings have concluded and a vote in the Senate will occur shortly. Although the televised hearings were not the stuff of compelling political theater, they are somewhat exceptional. Polities around the globe have fashioned national high courts and written constitutions but public hearings over nominations are rare. Canada held its first public

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Published on July 7, 2010
Author:          Filed under: hp, Miguel Schor
 
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Serving up Constitutional Kaldreta in the Philippines

So you are the President. For five or eight or twelve years now thing have been humming along nicely and the people love/fear you (circle one). Then you see it. Tiny at first but becoming steadily larger – like an iceberg looming over your prow… term limits. So what to do? Generally speaking you have

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Published on July 7, 2010
Author:          Filed under: Daniel Lansberg-Rodriguez, hp, Philippines, term limits
 
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Free Exercise and State Establishment Redux

I have already received a number of interesting e-mails related to my earlier post, from those writing about religious freedom more generally as well as those who know about Morocco more specifically. Before I turn to the next series of posts, I wanted to address some lingering issues related to my first post: (1) One

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Published on July 6, 2010
Author:          Filed under: Uncategorized
 
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Summer Travel and Comparative Constitutional Law

When they travel on vacation during the summer, people bring all sorts of things with them—-usually interesting things. They might pack a novel they have long wanted to read. Perhaps, as one of my friends now does, they bring materials with them to help them write a screenplay they have long wanted to compose. I

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Published on July 6, 2010
Author:          Filed under: David Fontana, hp
 
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Summer Travel and Comparative Constitutional Law

When they travel on vacation during the summer, people bring all sorts of things with them—-usually interesting things. They might pack a novel they have long wanted to read. Perhaps, as one of my friends now does, they bring materials with them to help them write a screenplay they have long wanted to compose. I

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Published on July 6, 2010
Author:          Filed under: Uncategorized
 
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Extraterritorial application of European human rights law to military action

The United Kingdom’s new Supreme Court has just rejected a claim by the mother of a deceased military serviceman that her son’s death while on duty in Iraq, pursuant to alleged negligence on the part of his superiors, violated the European Convention on Human Rights (ECHR). The British court held that the ECHR did not

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