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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2013 (Page 15)
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The UK 3 – British Christians 1

Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim

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Published on January 17, 2013
Author:          Filed under: Analysis, ECtHR, religion, religious discrimination
 
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Toward a New European Abortion Constitutionalism?

—Ruth Rubio Marin, European University Institute Modern constitutionalism, born at the end of the 18th century with the French and American Revolutions, is a historically grounded venture. At the time, women did not enjoy civil equality, their freedom being largely dependent on their marital status, nor political citizenship–female enfranchisement not becoming a widespread reality until

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Published on January 15, 2013
Author:          Filed under: Analysis
 
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Fiji’s Continuing Constitutional Crisis

—Richard Albert, Boston College Law School In the latest twist in Fiji’s continuing constitutional crisis, the Fijian military government has rejected the new draft constitution proposed by the Constitution Commission. It is believed that the military rejected the draft constitution because the draft proposed dramatically to curb the powers of the military. The military government has pledged to

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Published on January 13, 2013
Author:          Filed under: Developments
 
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International Arbitration and the Transformation of Comparative Law

—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state.  While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.  The historical idea, encapsulated in the PCIJ’s

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Published on January 12, 2013
Author:          Filed under: Analysis
 
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Clapper v. Amnesty International: Still Trying for a Day in Court

—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs.  Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing

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Published on January 11, 2013
Author:          Filed under: Developments
 
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America

—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court. I’ll summarize just one

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Published on January 9, 2013
Author:          Filed under: Analysis
 
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The New Framework Agreement between the Philippine government and the Moro Islamic Liberation Front

—Anna Su, S.J.D. Candidate, Harvard Law School, A new Framework Agreement between the Philippine government and the Moro Islamic Liberation Front was signed with much rejoicing and fanfare last October 15. To be sure, the Framework Agreement is not yet a peace agreement. In fact, a significant chunk of the agreement concerns the formulation of

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Published on January 7, 2013
Author:          Filed under: Analysis
 
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Japan Developments: An Era Ends, and New One Around the Corner?

Yesterday, the New York Times reported the death of Beate Sirota Gordon, likely the last link to the drafting of the Constitution of Japan in 1946.  Sirota had been raised in Japan, and was a civilian employee of the U.S. occupation forces when she was thrust into the drafting process in February of 1946.  She was,

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Published on January 4, 2013
Author:          Filed under: Developments
 
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Romanian Elections: An “Original” Democracy?

–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law The long-awaited process in which Romanians were called to elect their representatives in the country’s Parliament came to an end last month. The Central Electoral Office announced the final results. However, some of the most controversial issues related to these elections have just begun to

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Published on January 2, 2013
Author:          Filed under: Developments