magnify

I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home 2013 June
formats

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. Click the titles to

Read More…

Published on June 30, 2013
Author:          Filed under: Editorials
 
formats

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. Although Portugal’s introduction to the European Union in 1986 has gradually diminished the strong

Read More…

Published on June 25, 2013
Author:          Filed under: Developments
 
formats

Says Who?

—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. So this is page A1 news! Of course, the underlying issue—the treatment of religious

Read More…

Published on June 23, 2013
Author:          Filed under: Analysis
 
formats

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. The problem of

Read More…

Published on June 20, 2013
Author:          Filed under: Analysis
 
formats

Petersen on the use of social sciences in constitutional adjudication

In I·CON’s latest issue, Niels Petersen discusses the role of empirical assumptions in constitutional adjudication, and evaluates different strategies for using social science evidence. We have made this article freely available to I·CONnect readers, and we invite you to join the discussion of this important topic. Click on the title to access the full-text paper: Niels Petersen,

Read More…

Published on June 19, 2013
Author:          Filed under: Analysis, Editorials
 
formats

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). She

Read More…

Published on June 17, 2013
Author:          Filed under: Developments
 
formats

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

Read More…

Published on June 16, 2013
Author:          Filed under: Editorials
 
formats

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. The title of this

Read More…

Published on June 15, 2013
Author:          Filed under: Analysis
 
formats

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. The court using

Read More…

Published on June 10, 2013
Author:          Filed under: Analysis
 
formats

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? Do international human rights norms cause them to do so? These

Read More…

Published on June 7, 2013
Author:          Filed under: Analysis