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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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Untilting the Constitutional Playing Field in Myanmar (Burma)

– Dominic J. Nardi, Jr., Ph.D. candidate, Department of Political Science, University of Michigan If you were the leader of the governing political party in a quasi-democratic state and you intended to run for president in the next general election, would you (a) propose to amend the constitution in a way that would allow your

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Published on December 31, 2013
Author:          Filed under: Developments
 
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Egypt’s New Draft Constitution of 2013: An Introduction and Appraisal

—Mohamed Arafa, Alexandria University (Egypt) and Indiana University McKinney School of Law The Egyptian interim government supported by the Egyptian al–qwaat al–mosellaa(h) (military) recently released the new draft Egyptian Constitutional Charter. This draft Constitution is intended to replace, via amendment, the more Islamist–oriented de facto 2012 Constitution established during the recent reign of the Muslim

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Published on December 30, 2013
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Comparative methodology in I.CON’s recent issue

I.CON’s recent issue opens with two theoretical papers, each employing a comparative methodology in the theorization of constitutional ideas and practices. Focusing on originalist approaches in the United States and Australia, Lael Weis illustrates how a comparative work can advance our debates on constitutional interpretation. Apart from offering an insightful analysis of originalism and its potential justification,

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Published on December 28, 2013
Author:          Filed under: Analysis, Editorials
 
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I.CON’s current issue (Table of Contents)

I.CON  Volume 11 Issue 4  Table of Contents Editorial Articles  Lael K. Weis, What comparativism tells us about originalism Scott Stephenson, Constitutional reengineering: Dialogue’s migration from Canada to Australia Mónica Brito Vieira and Filipe Carreira da Silva, Getting rights right: Explaining social rights constitutionalization in revolutionary Portugal   Reflections on Comparative Public Law: The German

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Published on December 25, 2013
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Fletcher and Carolan: Debate on “the Lost Constitution” in the UK and the US

[Editor’s Note: In this exchange on I•CONnect, Jamie Fletcher and Eoin Carolan debate the idea of “the Lost Constitution” in conservative and libertarian politics in the United Kingdom and the United States.] The Rise of the “Lost Constitution” Argument Within Right-of-Center Politics in the United Kingdom and United States of America  —Jamie Fletcher, Lecturer in

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Published on December 23, 2013
Author:          Filed under: Analysis
 
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A New Legal Definition of Religion?

—Lorenzo Zucca, Reader in Jurisprudence, King’s College London Scientology is a religion: this much is clear in the UK Supreme Court’s December 11 ruling in the high profile case of Hodkin v Registrar. The facts of the case are simple. Mrs. Hodkin wants to get married in Church with her fiancé. The only problem is

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Published on December 20, 2013
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Egypt’s Third Constitution in Three Years: A Critical Analysis

–Zaid Al-Ali, International IDEA [Cross-posted at ForeignPolicy.com & International IDEA] Egypt’s new draft constitution includes a number of important improvements. It contains clear language on the issue of discrimination and violence against women; it grants significant rights and affords protection to children and the disabled; the list of socio-economic rights has been lengthened and is

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Published on December 18, 2013
Author:          Filed under: Analysis
 
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective

—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.” In so doing, it reversed a 2009 Delhi High

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Published on December 16, 2013
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Checking Institutions and the Institutional Control of Politics

—David Landau, Florida State University College of Law This week, the Colombian National Procuraduria [a sort of National Attorney General or Inspector General] removed the leftist, democratically-elected mayor of Bogota, Gustavo Petro, from office and banned him from participation in politics for 15 years. The move is a fascinating look into the strength of Colombia’s

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Published on December 13, 2013
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Data Protection in Greece: The Balance Between Freedom of Press and the Right to Privacy

—Antonios Kouroutakis, Oxford University The balance between two constitutional rights was always a jigsaw puzzle. In theory, constitutional rights are considered of equal value and in case of conflict, a de facto examination of the facts would conclude on which right should prevail. Quite recently, a case that was covered widely from national and international

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Published on December 10, 2013
Author:          Filed under: Developments