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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2013 (Page 2)
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The Scottish Constitution After Independence

—Stephen Tierney, Edinburgh School of Law [Cross-posted from UK Con Law Blog] According to the Scottish Government White Paper issued this week, Scotland’s Future, an independent Scotland will have a new written constitution (this repeats the commitment contained in the Scottish Government’s earlier White Paper of March). The intention is to replace Westminster parliamentary supremacy

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Published on December 7, 2013
Author:          Filed under: Developments
 
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Judicial Activism Against Austerity in Portugal

–Gonçalo de Almeida Ribeiro, Católica Global School of Law, Lisbon* [Editors’ note: below is an essay on the current situation in Portugal. We thank Professor Ribeiro for the opportunity to publish this essay in the form of an extended post on the blog.] Introduction The Portuguese Constitutional Court, the main judicial actor in charge of enforcing

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Published on December 3, 2013
Author:          Filed under: Analysis
 
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Thailand Update: The Search for Perfect Paper Continues

By Andrew Harding, Rawin Leelapatana, and Khemthong Tonsakulrungruang 1. Introduction In 1932 a coup d’etat abolished the absolute monarchy of Thailand and created a constitutional monarchy, for which it is obviously necessary to have a constitution. Since then, over a period of 81 years, Thailand has had 18 constitutions, the latest being the Constitution which

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Are Constitutional Statutes “Quasi-Entrenched”?

–Adam Perry (Aberdeen) and Farrah Ahmed (Melbourne) [cross-posted from UK Constitutional Law Blog] The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about

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Published on December 1, 2013
Author:          Filed under: Analysis
 
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European Court of Human Rights Condemns Greece for Banning Same-Sex Civil Unions

–Christina M. Akrivopoulou, Greek Refugee Appeals Authority On November 7, the European Court of Human Rights decided Vallianatos and others v. Greece, which condemned Greece for banning same-sex civil unions. Law 3719/2008 introduced civil unions within Greece as an alternative to the institution of marriage for heterosexual couples that share stable relationships, but excluded same-sex

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Published on November 28, 2013
Author:          Filed under: Developments
 
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Call for Papers: 2013 Phanor J. Eder J.D. Prize in Comparative Law

The Younger Comparativists Committee of the American Society of Comparative Law is pleased to invite submissions for the Phanor J. Eder J.D. Prize in Comparative Law in connection with its third Annual Conference, to be held on April 4-5, 2014, at Lewis & Clark Law School in Portland, Oregon. The Phanor J. Eder Prize is

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Published on November 26, 2013
Author:          Filed under: Call for Papers
 
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Indian Supreme Court Rules on Bureaucratic Independence

–Nick Robinson, Fellow, Program on the Legal Profession, Harvard Law School [cross-posted from Law and Other Things] Last week saw the Supreme Court decide T.S.R. Subramanian vs. Union of India. The judgment, involving the independence of the bureaucracy, is arguably the latest in a fascinating line of jurisprudence from the Court over the last decade and

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Published on November 21, 2013
Author:          Filed under: Developments
 
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Senate Reform in Canada: What to Make of the Constitution?

—Leonid Sirota, JSD Candidate, NYU School of Law Over the course of three days last week, the Supreme Court of Canada heard submissions from the federal government, the ten provinces, two territories, two ami curiae, and several interveners on the constitutionality of the federal government’s proposals for reforming the unelected upper house of the Parliament

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Published on November 18, 2013
Author:          Filed under: Analysis
 
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Turkey’s Constitutional Process

—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration. The failed plan was based

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Published on November 16, 2013
Author:          Filed under: Developments
 
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Chile’s Constitutional Moment?

–Oya Yegen Chile is going through a “constitutional moment”. Demand for replacing the 1980 Constitution, inherited from the Pinochet regime, has not been so clearly expressed or been so central to presidential elections until the last couple of years. Now, with a presidential election due to take place this Sunday, the issue has come to

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Published on November 13, 2013
Author:          Filed under: Developments