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Blog of the International Journal of Constitutional Law
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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. To submit relevant developments for

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Published on March 30, 2015
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Cooperative Federalism Divides the Supreme Court of Canada: Quebec (Attorney General) v. Canada (Attorney General)

—Paul Daly, University of Montreal, Faculty of Law On Friday, the Supreme Court of Canada brought to an end the lengthy saga of Canada’s long-gun registry. There was a sharp split on the Court, with a bare majority of five justices giving a narrow win to the federal government over the joint dissent of their three

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Published on March 30, 2015
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An Update on the Death Penalty in Trinidad & Tobago

—John Knechtle, The University of the West Indies, St. Augustine, Trinidad The sentence of death has been the mandatory penalty for murder in Trinidad and Tobago since independence in 1962 and with the country consistently ranking in the top ten percent for homicides per capita around the world, public support for the death penalty remains strong. Section

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Published on March 27, 2015
Author:          Filed under: Analysis
 
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Reminder–ICON-S 2015 Conference in New York City, July 1-3, 2015—Call for Papers & Panels—Public Law in an Uncertain World

I-CONnect is pleased to announce the Call for Papers & Panels below for the 2015 Conference of ICON-S: the International Society of Public Law. ICON-S, a new international learned society now entering its second year, is guided by a Pro Term Executive Committee featuring many of the world’s leading scholars in the field of public law. This edition of the ICON-S

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Published on March 25, 2015
Author:          Filed under: Developments
 
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New Scholarship Review: Interview with Jonathan Marshfield on Federalism and the Amendment Power

—Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Jonathan Marshfield about his forthcoming paper on Decentralizing the Amendment Power. In his new paper, Marshfield explores how and why constitutional amendment rules might be structured to include subnational units in the process of formal amendment. He concludes that “although

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Published on March 24, 2015
Author:          Filed under: Analysis, New Voices
 
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What’s New in Comparative Public Law

–Sandeep Suresh, National Law University, Jodhpur, India 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. To submit relevant developments

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Published on March 23, 2015
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The Supreme Court of Canada on Religious Freedom and Education: Loyola High School v. Québec (Attorney General)

—Benjamin L. Berger, Osgoode Hall Law School, York University The classroom has been a contemporary crucible for working out the relationship between religion and the modern constitutional state.  Whether the issue has been the crucifix on classroom walls in Italy, the pledge of allegiance in U.S. schools, the religious (or was it ethnic?) identity of

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Published on March 23, 2015
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The BCCI Case on “Public Function” and its Implications on Sports Governance

Special Series: Perspectives from Undergraduate Law Students B.A/LL.B. (Hons) Student Contribution –Aradhya Sethia, III Year, B.A. LL.B. (Hons.), National Law School of India University, Bangalore (India) On January 22, 2015, the Supreme Court of India decided Board of Control for Cricket in India v. Cricket Association of Bihar (“Cricket case”). The Board of Control for Cricket in

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Published on March 21, 2015
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An Evolution in “Italian Style”: The Constitutional Court says it will Govern the Effects of its Judgments (and Will Use the Proportionality Test to Do It)

—Erik Longo (University of Macerata) and Andrea Pin (University of Padua) Since the adoption of the Constitution in 1947, Italy’s Constitutional Court (CC) has had the primary purpose of defending the normative superiority of constitutional law within the legal order. The Italian model of judicial review of legislation largely takes inspiration from the so-called ‘centralized’

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Published on March 20, 2015
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?

—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional

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Published on March 18, 2015
Author:          Filed under: Analysis