Month: June 2013
I·CON Book Forum
The current issue of I·CON features an exchange between Alec Stone Sweet and Nico Krisch on Krisch’s recent book, Beyond Constitutionalism: The Pluralist Structure of Post-National Law. We are happy to provide free access to this exchange for I·CONnect readers and to invite you to join the discussion on this blog.
Striking Down Austerity Measures: Crisis Jurisprudence in Europe
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights.
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law Just in time for my post on symbols, the New York Times picks up the topic as well.
A partial supranational solution to the problem of regressive constitutional amendments
–Adem Kessie Abebe, University of Pretoria, South Africa With the significant reduction in the number of coup d’états, one major constitutional crisis facing countries in Africa and beyond is the enactment of regressive constitutional amendments, amendments that are intended to reinforce the powers of incumbents or otherwise weaken vertical and horizontal accountability mechanisms.
Canada’s Longest-Tenured Chief Justice
Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice).
Preview of I·CON’s next issue (Table of Contents)
I·CON Volume 11 Issue 2 Table of Contents Editorial Articles Niels Petersen. Avoiding the common-wisdom fallacy: The role of social sciences in constitutional adjudication Benjamin L. Berger. Children of two logics: A way into Canadian constitutional culture Carlos Bernal. Unconstitutional constitutional amendments in the case study of Colombia: An analysis of the justification and meaning of the constitutional replacement doctrine Swati Jhaveri.
A Coat of Many Colors
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law In this post, I want to pick up some of the themes I alluded to in my first post and respond to Marc’s observations here and Mark’s observations here.
Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?
—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.
If It Looks Like A Duck…?
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes?