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Blog of the International Journal of Constitutional Law
Home 2012 October (Page 2)
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The Canadian Charter of Rights and Freedoms in Hong Kong Jurisprudence

– Simon NM Young, University of Hong Kong In my current research, I am trying to understand the influence of the Canadian Charter in Hong Kong’s development of human rights jurisprudence after returning to China in 1997. The prospects for migration were strong, though not because constitutional text had been transplanted. Canadians were involved in

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Published on October 21, 2012
Author:          Filed under: Analysis
 
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Iceland referendum headed for victory

–Tom Ginsburg With two-thirds of the votes counted, it appears that Iceland’s citizen-drafted proposal for constitutional reform is headed for victory. Roughly half of eligible voters turned out for the referendum, which asked voters to consider six different questions covering key aspects of the proposed new Constitution.  The draft included an expanded set of citizen

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Published on October 21, 2012
Author:          Filed under: Developments
 
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The Travails of an Enfeebled Parliament: The Swazi House of Assembly Reverses a Vote of No Confidence in the Cabinet

–Laura-Stella Enonchong, University of Warwick, African Network of Constitutional Lawyers  On 03 October 2012, the House of Assembly of the Kingdom of Swaziland, which has often been regarded as an enfeebled institution, passed a historic vote of no confidence in the Cabinet. According to the Swazi Constitution (arts. 68(5) & 134(5)(b) the Prime Minister (PM)

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Published on October 19, 2012
Author:          Filed under: Developments
 
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Thoughts on the German Constitutional Court Decision on the ESM

–Richard Stith, Valparaiso University The German Federal Constitutional Court’s decision of September 12, 2012, has been welcomed by some as signaling yet another political retreat, yet another ”Son of Solange II”. But what should bring joy to the heart of every American comparative law teacher is that, whether retreat or advance, every new “red line” drawn

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Published on October 18, 2012
Author:          Filed under: Developments
 
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New paths for administrative law: A manifesto by Sabino Cassese

— Sabino Cassese,  Judge, Italian Constitutional Court and Emeritus Professor, Scuola Normale Superiore, Pisa. Published: I·CON 10: 603-613 (2012). 1. Administrative law in transition The literature of the last ten years contains numerous references to two opposite trends: on one hand, “the end of administrative law,” on the other, the “new administrative law.” According to the

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Published on October 17, 2012
Author:          Filed under: Editorials
 
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Local Injustice: Why We Shouldn’t Forget about Saif Gaddafi

—Ruti Teitel, 2012-13 Straus fellow at NYU School of Law, Ernst C. Stiefel Professor of Comparative Law at New York Law School, and author of Transitional Justice (OUP 2000) and Humanity’s Law (OUP 2012).   In the London newspaper the Daily Mail, Saif Gaddafi’s longtime girlfriend, Orly Weinerman, has asked that Saif be spared prosecution

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Published on October 16, 2012
Author:          Filed under: Analysis
 
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A Review of Iceland’s Draft Constitution from the Comparative Constitutions Project

–Zachary Elkins, University of Texas; Tom Ginsburg,University of Chicago;                James Melton,University College London On the heels of an extraordinarily interesting experiment in constitutional design by crowdsourcing, Iceland is headed to the polls this week to test the public’s reaction to the draft constitution.  This draft is a proposed revision of

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Published on October 15, 2012
Author:          Filed under: Analysis, Iceland, Tom Ginsburg, Zachary Elkins
 
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Explaining Improbable Cases of Judicial Independence: The Example of Uganda

–Johanna Kalb, Loyola University, New Orleans In a recent editorial in the Daily Monitor, law professor Busingye Kabumba of Makerere University in Kampala describes the country’s 1995 Constitution as “essentially an illusion.”[1]   While the first article of the Ugandan Constitution gives “[a]ll power to the people,” Professor Kabumba suggests that the shared perception among Ugandans

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Published on October 15, 2012
Author:          Filed under: New Voices
 
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Venezuela’s Exit from the Inter-American Court

—Alexandra Huneeus, University of Wisconsin   Hugo Chavez’s election victory last Sunday bodes badly for the Organization of American States’ Human Rights System.  On September 10, 2012, Venezuela denounced the American Convention of Human Rights so as to remove itself from the oversight of the Inter-American Court of Human Rights .  Chavez’s challenger had promised

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Published on October 15, 2012
Author:          Filed under: Developments
 
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Venezuela’s Denunciation of the American Convention on Human Rights: A Natural Step for an Illiberal Democracy

–Javier Couso, Universidad Diego Portales, Chile A few weeks ago, on September 6th, the government of Venezuela denounced the American Convention on Human Rights.[1] According to the procedure set by Article 78.1 of the latter, within a year of this official notification Venezuela will no longer be part of this treaty, and thus no longer

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Published on October 15, 2012
Author:          Filed under: Developments, Javier Couso, venezuela