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I·CONnect

Blog of the International Journal of Constitutional Law
Home 2013 (Page 9)
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A partial supranational solution to the problem of regressive constitutional amendments

–Adem Kessie Abebe, University of Pretoria, South Africa With the significant reduction in the number of coup d’états, one major constitutional crisis facing countries in Africa and beyond is the enactment of regressive constitutional amendments, amendments that are intended to reinforce the powers of incumbents or otherwise weaken vertical and horizontal accountability mechanisms. The problem of

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Published on June 20, 2013
Author:          Filed under: Analysis
 
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Petersen on the use of social sciences in constitutional adjudication

In I·CON’s latest issue, Niels Petersen discusses the role of empirical assumptions in constitutional adjudication, and evaluates different strategies for using social science evidence. We have made this article freely available to I·CONnect readers, and we invite you to join the discussion of this important topic. Click on the title to access the full-text paper: Niels Petersen,

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Published on June 19, 2013
Author:          Filed under: Analysis, Editorials
 
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Canada’s Longest-Tenured Chief Justice

Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice). She

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Published on June 17, 2013
Author:          Filed under: Developments
 
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Preview of I·CON’s next issue (Table of Contents)

I·CON Volume 11 Issue 2 Table of Contents Editorial Articles Niels Petersen. Avoiding the common-wisdom fallacy: The role of social sciences in constitutional adjudication Benjamin L. Berger. Children of two logics: A way into Canadian constitutional culture Carlos Bernal. Unconstitutional constitutional amendments in the case study of Colombia: An analysis of the justification and meaning

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Published on June 16, 2013
Author:          Filed under: Editorials
 
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A Coat of Many Colors

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law In this post, I want to pick up some of the themes I alluded to in my first post and respond to Marc’s observations here and Mark’s observations here. The title of this

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Published on June 15, 2013
Author:          Filed under: Analysis
 
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

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Published on June 10, 2013
Author:          Filed under: Analysis
 
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If It Looks Like A Duck…?

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes? Do international human rights norms cause them to do so? These

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Published on June 7, 2013
Author:          Filed under: Analysis
 
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The Keith Project

–Juliet Bull, Victoria University of Wellington   Sir Kenneth Keith, ONZ, KBE, QC is a renowned New Zealand Judge currently serving a nine-year term on the bench of the International Court of Justice. The “Keith Project” is a Victoria University of Wellington initiative which will provide access to Sir Kenneth’s extensive body of extra-judicial writing.

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Published on June 5, 2013
Author:          Filed under: Analysis
 
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The British American Colonies and Comparative Subnational Constitutionalism

—Scott Douglas Gerber, Professor of Law, Ohio Northern University My most recent academic book is A Distinct Judicial Power:  The Origins of an Independent Judiciary, 1606-1787 (Oxford University Press, 2011).[1]  That book is the first comprehensive analysis of the origins of judicial independence in the United States.  Part I examines the political theory of an

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Published on May 26, 2013
Author:          Filed under: Analysis
 
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Showing Germans the Light

–Or Bassok, Tikvah Scholar, NYU School of Law Conferences in the US on German public law often digress into an attempt by Americans scholars to show their German counterparts the scholarly “light.” The recipe has several variations.[1] According to the milder version, German public law scholarship fails to give an adequate account of reality when it

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Published on May 22, 2013
Author:          Filed under: Analysis