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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2011 (Page 3)
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Doctrine of Necessity in Nepal: A Bractonian Blunder?

Henry de Bracton was a 13th Century British jurist who, among other things, defended supreme papal authority over secular affairs and recommended that criminal trials be undertaken “by ordeal” (wherein the defendant would hold red-hot iron or be thrown bound into a lake under the premise that a just god would protect the innocent). While

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Published on October 6, 2011
Author:          Filed under: Daniel Lansberg-Rodriguez, Fiji, Nepal, Nigeria, Pakistan
 
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New Comparative Public Law Scholarship

As Chair of the Younger Comparativists Committee (YCC) in the American Society of Comparative Law (ASCL), I’m pleased to announce that the YCC will host a panel on “Building Constitutionalism in Post-Authoritarian States” at the ASCL’s Annual Meeting. The panel will feature the work of two younger comparativists: William Partlett’s paper on Making Constitutions Matter; and

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Published on October 5, 2011
Author:          Filed under: hp, Richard Albert, Younger Comparativists; New Scholarship
 
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Repost

Published on September 27, 2011
Author:          Filed under: Uncategorized
 
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Kabul Update: Constitutional Confusion Continues

Along with its myriad other problems, Afghanistan finds itself in a continuing state of constitutional confusion as to what body has the authority to interpret the constitution. Given the total stalemate between President Karzai and the parliament, this is a grave state of affairs that threatens to exacerbate the political gridlock. The problem began with

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Published on September 25, 2011
Author:          Filed under: Afghanistan, hp, Tom Ginsburg
 
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On this Day in the History of Comparative Constitutional Law

On this day, we remember the first woman appointed to the Supreme Court of Canada: Bertha Wilson, born on September 18, 1923, in Kirkcaldy, Scotland.  Justice Wilson was a comparativist. In two of the most controversial judgments issued during her tenure, she looked to American constitutional law and the American constitutional tradition to help her resolve a

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Published on September 18, 2011
Author:          Filed under: House of Lords, hp, Richard Albert, Supreme Court of Canada
 
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The Declining Influence of the United States Constitution

Mila Versteeg and I have just posted to SSRN a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution“. It follows up on an earlier article, imminently forthcoming in the California Law Review, in which we took a very bird’s eye view of the

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The Declining Influence of the United States Constitution

Mila Versteeg and I have just put out a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution”. It’s an empirical look at the extent to which constitution-makers in other countries emulate the U.S. Constitution, which we study by measuring similarity between constitutions. (One

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Published on September 8, 2011
Author:          Filed under: Uncategorized
 
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Libya update

The document that I commented on last week was never put into force; instead, the Transitional National Council issued a revised Transitional Constitutional Declaration. A thoughtful analysis by Zaid Al-Ali is here. Fortunately, the cramped timetable offered in the previous draft has been extended. Once liberation occurs (presumably meaning that Khadafi is found), an interim

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Published on September 5, 2011
Author:          Filed under: hp, Libya
 
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Troubling South African Chief Justice Nomination

South African President Jacob Zuma has nominated the most conservative Justice on the South African Constitutional Court to be Chief Justice. Justice Mogoeng Mogoeng unfortunately has a troubling record to lead a Court that is supposed to bring about transformation in the nation. He issued a decision as a lower court judge that substantially removed

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Published on August 30, 2011
Author:          Filed under: hp, Mark Kende
 
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Thoughts on the Draft Transitional Constitution for Libya

As the tides shift in Libya, the rebels have released a draft constitution for the transitional period. It calls for a democratic political regime (Art. 4), accession to human rights instruments (Art. 7—Libya is already a member of all the core international instruments) and the rule of law (Arts. 6 and 11). Article 1 provides

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Published on August 21, 2011
Author:          Filed under: hp, Libya, Tom Ginsburg