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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2013 (Page 11)
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Differencing Same-Sex Marriage

–Russell Miller, Washington & Lee University School of Law, Co-Author, The Constitutional Jurisprudence of the Federal Republic of Germany (2012), Co-Editor-in-Chief, German Law Journal As a comparative lawyer it is tempting to see a once-in-a-generation convergence of American and German constitutional law on what many regard as the era’s foremost civil rights issue:  same-sex marriage. 

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Published on April 19, 2013
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The End of Liberal Constitutionalism in Hungary?

–Gábor Halmai, Professor of Law, Eötvös Lóránd University (Budapest) and Visiting Research Scholar, Princeton University Last month, on March 11, the Hungarian Parliament voted on the fourth amendment to the the country’s 2011 constitution which has moved many statutory provision into the constitution despite Constitutional Court rulings striking them down and the European Union, the

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Published on April 17, 2013
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Book Review/Response: Claudia Haupt and Markus Thiel on Church and State in Germany and the United States

[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Markus Thiel reviews Claudia Haupt’s recently-published book Religion-State Relations in the United States and Germany: The Quest for Neutrality. Claudia Haupt then responds to Markus Thiel’s review.] —Markus Thiel, Professor of Public Law, University of Applied Sciences for Public Administration North Rhine-Westphalia, Cologne, and Associate

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Published on April 15, 2013
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Crisis Averted? Foreign Domestic Helpers, the Basic Law and Hong Kong’s Court of Final Appeal

–Alvin Y. H. Cheung, Barrister-at-Law, Sir Oswald Cheung’s Chambers, Hong Kong In the Vallejos Evangeline Banao v Commissioner of Registration & Another judgment handed down on 25 March 2013,[1] the Hong Kong Court of Final Appeal (“CFA”) held that, on a proper construction of article 24(2)(4) of the Basic Law, the constitutional document of the Hong

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Published on April 13, 2013
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Socioeconomic Rights and Constitutional Legitimacy in India

—Rehan Abeyratne, Jindal Global Law School In a forthcoming article, I examine socioeconomic rights in the Indian Constitution and the increasingly central role the Supreme Court plays in their enforcement. As Nilesh Sinha recently noted on this blog, India’s judicial independence has allowed the Court to secure broad socioeconomic justice, despite allegations of corruption and

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Published on April 11, 2013
Author:          Filed under: Analysis
 
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Ireland’s Constitutional Convention Considers Same-Sex Marriage

—Eoin Carolan, University College Dublin With some time to pass before the US Supreme Court delivers its keenly-watched ruling in U.S. v. Windsor, arguments about constitutional rights and same-sex marriage are due to receive another outing this weekend as part of Ireland’s ongoing Constitutional Convention. The Convention was established in partial response to public demands for

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Published on April 9, 2013
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Leadership Shake-Up at the Indonesian Constitutional Court

–Stefanus Hendrianto, Loyola University Chicago Just a few months before the Indonesian Constitutional Court will celebrate its tenth anniversary in August 2013, it has undergone leadership change. In November 2012, Chief Justice Mohammad Mahfud told the House of Representative that he intends to leave his job in April 2013. On April 1st, 2013, the Chief

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Published on April 7, 2013
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Iceland: End of the Constitutional Saga?

–Tom Ginsburg (cross-posted with Huffington Post)  In late 2008 and early 2009, thousands of Icelanders took to the streets in response to the largest banking collapse in history. What followed was a constitution-making process unprecedented in its transparency and level of public participation. The basics of a citizen-drafted document were presented to the public last

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Published on April 6, 2013
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How Precedent Travels

–Sam Halabi, University of Tulsa In a recent Article forthcoming in the Notre Dame Journal of International and Comparative Law, “Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri DK Basu v. State of West Bengal”, I explore one aspect of the countermajoritarian difficulty engendered by use of foreign precedent.  Usually, that concern is articulated

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Published on April 4, 2013
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Kenya’s Judiciary Passes Important Test

–James Thuo Gathii, Loyola Law School (reprinted from The Daily Nation) Only five years ago, Kenya’s Judiciary was not an option that electoral challengers dared consider.  The institution was rife with corruption and ineptitude. There was no public confidence that judges could be neutral arbiters in the most important questions of the day.  The courts

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Published on April 2, 2013
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