Month: June 2014
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What’s New in Comparative Public Law
–Patrick Yingling, Reed Smith LLP In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the comparative public law blogosphere.
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Is Blocking the Budget a Feasible Option in Contemporary Australia?
—Katharine Young, Boston College Law School [cross-posted from Online Opinion (Australia)] The government’s bold, unpopular budget has attracted bold, popular dissent. Last week, amongst criticisms of the budget’s disproportionate impact on students, the unemployed, the poor, the sick and disabled, and the aged, Independent Andrew Wilkie announced an audacious response: that he would vote against the government’s appropriations bills, and would call on Labor, the Greens and Palmer United parties to join him.
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Judicial Activism and Forced Displacement: Lessons from the Colombian Paradox
—Cesar Rodríguez-Garavito, Universidad de los Andes and Dejusticia, and Diana Rodríguez-Franco, Northwestern University and Dejusticia Forced displacement affects millions of people in the world and entails a violation of basic human rights. In many countries, given the lack of institutional capacity, the main way of addressing this issue is through international human rights law and humanitarian law institutions.
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Leaving Westminster: Constitutional Supremacy in an Independent Scotland
–Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh and Director of the Edinburgh Centre for Constitutional Law; ESRC Senior Research Fellow, Future of the UK and Scotland programme On 16 June the Scottish Government unveiled its Scottish Independence Bill in an address by Nicola Sturgeon, Deputy First Minister of Scotland, to the Edinburgh Centre for Constitutional Law.
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What’s New in Comparative Public Law
–Angelique Devaux, French Qualified Attorney (Notaire Diplômée), LL.M. American Law IUPUI Robert McKinney School of Law In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the comparative public law blogosphere.
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Time and Sequence in Changes of Constitutional Regimes
—Andrew Arato, The New School for Social Research Introduction The concept of the constituent power emerged in the revolutions of the 17th and 18th centuries. Many new constitutions since then were made through variety of non-revolutionary processes. Yet, the normative link between democratic forms of constitution making and revolution, deeply embedded in the notion of the constituent power of the people, has survived in both political and legal theory.
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China’s White Paper on Implementation of “One Country, Two Systems” Policy in Hong Kong: A Preliminary Reading
P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong On June 10, 2014, the Information Centre of the State Council of the People’s Republic of China issued a White Paper to set out in a formal document the Central Authorities’ comprehensive and correct understanding of the policy of “One Country, Two Systems” and the implementation of this policy in Hong Kong, one of the two Special Administrative Regions of China that implements this policy.[1]
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What’s New in Comparative Public Law
–Mohamed Abdelaal, Alexandria University (Egypt) In this weekly feature, I-CONnect publishes a curated reading list of developments in comparative public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the comparative public law blogosphere.
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Canada’s New Prostitution Bill: Don’t Assume it’s Unconstitutional
—Michael Plaxton, University of Saskatchewan [Twitter: @MichaelPlaxton] Last week, Justice Minister Peter MacKay tabled the much-anticipated Bill C-36, The Protection of Communities and Exploited Persons Act. The bill, which is a response to the Supreme Court of Canada’s landmark ruling in Bedford, has already been the subject of considerable criticism.
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Is Constitutional Review Moving to a New Home in Myanmar?
—Dominic J. Nardi, Jr., University of Michigan Late last year, Myanmar’s legislature initiated a process to review and amend the 2008 Constitution. Until recently, the largest opposition party, National League for Democracy, seemed focused on removing the ban against citizens with foreign dependents from becoming president (NLD leader Aung San Suu Kyi’s two sons are British nationals).