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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2013 (Page 10)
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The Politics of Tunisia’s Final Draft Constitution

–Duncan Pickard, Democracy Reporting International and Rafik Hariri Center for the Middle East at the Atlantic Council [cross-posted from MENASource, a project of the Rafik Hariri Center] Tunisia’s constitution-drafting process has reached another milestone: the committee coordinating the drafting of the country’s post-authoritarian constitution presented its third and final draft to the National Constituent Assembly on April

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Published on May 16, 2013
Author:          Filed under: Developments
 
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Is Turkey in the process of adopting a new constitution or a large scale constitutional amendment? Some questions concerning constitutional theory

–Ali Acar, PhD Student at European University Institute  [ali.acar@eui.eu ] Turkey is currently undergoing a process of drafting a new constitution. The lack of legitimacy of the present, 1982, constitution, which was originated from the 1980 military coup d’état, renders adoption of a new contitution necessary in the public opinion. There are high public expectations for

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Published on May 13, 2013
Author:          Filed under: Analysis
 
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The Judicialization of Pure Politics in Brazil

–Vanice Regina Lírio do Valle, Estácio de Sá University Law School The Brazilian Constitutional Court gained visibility worldwide due to its recent ruling in the “mensalão” case – a trial involving a Congressional vote-buying scheme which ended in the conviction of many politicians associated with former President Lula, and also numerous congressmen still in the

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Published on May 8, 2013
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Libyan Congress Blunders Constitutional Moment

—Lorianne Updike Toler, Esq., Lorianne Updike Toler Consulting & The University of Pennsylvania Law School The April 10 vote by the General National Congress of Libya amending their interim Constitutional Declaration was incredibly short-sighted.  Instead of fixing the largest problem with the Declaration, the GNC dealt with the issue for which they were receiving the

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Published on May 4, 2013
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Egypt’s Constitution: The Religious Pot

–Mohamed Abdelaal, Indiana University Robert H. McKinney School of Law, Alexandria University School of Law Immediately after the Egyptian Revolution in 2011, which ended thirty years of repression and dictatorship under the regime of former President Hosni Mubarak, Egyptians faced the serious challenge of electing a new president and building a new Egypt. Amidst these

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Published on May 2, 2013
Author:          Filed under: Analysis
 
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Bachelet Appoints Group to Study New Constitution for Chile

—Claudia Heiss, Instituto de Asuntos Publicos, Universidad de Chile On April 23rd former President of Chile Michelle Bachelet (2006-2010), the front-runner candidate for the November presidential election, announced a commission to study a new constitution. The group is composed of nine lawyers (including two women) some of whom contributed to the 2005 reform signed by

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Published on May 1, 2013
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Marry me or tax me? That is the constitutional question

—Angelique Devaux, French Licensed Attorney (Notaire), LL.M. in American Law (Indiana University Robert H. McKinney School of Law) To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v. United States. But it is more about a

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Published on April 29, 2013
Author:          Filed under: Analysis
 
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Ireland’s Constitutional Convention Considers Same-Sex Marriage: Part II

—Eoin Carolan, University College Dublin Ireland’s Constitutional Convention has voted overwhelmingly in favour of a proposal to amend the Irish Constitution to allow for civil marriage for same-sex couples. 79 Convention members favoured the proposal with 19 against and 1 expressing no opinion. There was also a similarly large majority in favour of a directive

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Published on April 25, 2013
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New Developments on Japan’s Proposed Constitutional Amendment Process

–Tokujin Matsudaira, Kanagawa University Faculty of Law Recently the Asahi Shimbun Weekly (ASW, a special Monday edition of Asahi News) interviewed eight constitutional scholars and asked them to answer a survey about the possible amendment of Japan’s postwar constitution. The results appeared in ASW on April 8 (in Japanese). The eight scholars are Yasuo Hasebe

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Published on April 23, 2013
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Four Models of Politicized Judicial Selection

—Richard Albert, Boston College Law School Judges on national courts of last resort are generally appointed in politicized processes. Judicial selection is politicized when the choice rests on popular consent mediated in some way through elected representatives. We can identify four major models of politicized judicial selection in constitutional states: (1) executive unilateral appointment; (2)

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Published on April 21, 2013
Author:          Filed under: Analysis