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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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An Occasion to Rethink American Presidential Succession

United States Senator Daniel Inouye passed away last week on December 17. Senator Inouye was the senior member of Hawaii’s congressional delegation, a World War II hero, the first Japanese-American to hold office in Congress, and one of the longest-serving senators in American history. He was 88 years old. Senator Inouye’s sad death presents a

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Published on December 28, 2012
Author:          Filed under: Developments
 
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The Brazilian Supreme Court: Between Activism and Judicial Responsibility

–Claudia Maria Barbosa, Pontifical Catholic University of Paraná, Brazil On December 17, 2012 the Brazilian Federal Supreme Court, (Supremo Tribunal Federal, STF), concluded the hearings of Criminal Case no. 470/2007, known as Mensalão (“Big Monthly”) – a criminal scheme to buy political support in Congress involving 37 accused, among them ministers from former President Lula’s

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Published on December 25, 2012
Author:          Filed under: Developments
 
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Reviewing Ireland’s Abortion Regime

—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has

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Published on December 20, 2012
Author:          Filed under: Analysis
 
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Japan’s Election and Constitutional Revision

Japanese awoke this morning to find that the Liberal Democratic Party had won a massive supermajority in the lower house, more than doubling its seat share from 118 to 294 seats. Its coalition partner Komeito won 31 seats, and the hawkish Japan Restoration Party also won 54 seats, nearly matching the governing Democratic Party of

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Published on December 18, 2012
Author:          Filed under: Developments
 
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The Once and Future Court

—Erin Delaney, Northwestern University School of Law I regret to inform you, should you have been interested in applying for one of the three upcoming vacancies on the Supreme Court of the United Kingdom, that the deadline has passed.  Applications were due at 5pm on October 30.   The Selection Commission will hold interviews for leading

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Published on December 17, 2012
Author:          Filed under: Developments, New Voices
 
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Canada Upholds Anti-Terrorism Law

—Richard Albert, Boston College Law School Today, the Supreme Court of Canada issued its long-awaited ruling on the Anti-Terrorism Act passed by Parliament in the aftermath of the terrorist attacks on the United States on September 11, 2001. Writing for a unanimous panel in two interrelated cases, Chief Justice Beverley McLachlin upheld the controversial anti-terrorism

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Published on December 14, 2012
Author:          Filed under: Developments
 
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Egypt’s Leap into the Unknown: Article 219 and the Shari`‘a in the Draft Constitution

—Clark B. Lombardi, University of Washington School of Law, and Nathan J. Brown, George Washington University   (Posted originally on foreignpolicy.com) If a student of constitutional texts sat down to read the draft Egyptian constitution from beginning to end, he or she would find much of it familiar — the language, structure, and institutions would

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Published on December 14, 2012
Author:          Filed under: Analysis
 
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Jurist’s Prudence: The Indian Supreme Court’s response to institutional challenges

—Rohit De, University of Cambridge On 12th September, 2012, the Supreme Court of India in the case of Namit Sharma v Union of India, ruled on a constitutional challenge to the new Information Commissions set up under the Right to Information Act. The court was responding to a public interest petition that challenged the eligibility

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Published on December 12, 2012
Author:          Filed under: New Voices
 
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The Real Winner in the Egyptian Constitution? The Military

[cross-posted from the HuffingtonPost]               As Cairo’s streets fill with protestors after the rushed passage of the new draft Constitution, all eyes are on the confrontation between the newly re-energized opposition and the supporters of the Muslim Brotherhood.  Yet, while controversy swirls around the reach of Islam and the

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Published on December 10, 2012
Author:          Filed under: Analysis
 
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In Memoriam: Chief Justice Arthur Chaskalson

—Brian Ray, Cleveland-Marshall College of Law, Cleveland State University Arthur Chaskalson, the first President and Chief Justice of the South African Constitutional Court died on December 1, 2012.  Many have highlighted the remarkable and courageous role he played in the anti-apartheid movement, including his defense of Nelson Mandela and others during the infamous Rivonia trials. The

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Published on December 9, 2012
Author:          Filed under: Developments