Month: February 2016
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What’s New in Comparative Public Law
–Sandeep Suresh, Research Associate, Daksh India (Rule of Law Project) 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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Interpreting Unamendable Clauses: Brazil’s New Precedent on the Presumption of Innocence
—Juliano Zaiden Benvindo, University of Brasilia On February 17, the Brazilian Supreme Court, after having overturned its precedent on presumption of innocence,[1] spurred a heated debate over the limits of interpretation of petrified or unamendable clauses of the Brazilian constitution. In an unexpected decision on a writ of habeas corpus,[2] the majority[3] held that the enforcement of a sentence can take place once a judgment has been affirmed by a court of appeals, rather than waiting until all appeals have been exhausted.
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I•CON Debate Review by Nicolás Figueroa: Constituent Power and Constitutional Revolution
[Editor’s Note: In this special installment of I•CONnect’s Review Series, Nicolás Figueroa offers a critical review of the I•CON debate between Mark Tushnet and Jan Komárek on constituent power and constitutional revolution. The debate appears in the current issue of I•CON, beginning with Tushnet’s paper here, followed by a reply by Komárek here, and concluding with a rejoinder from Tushnet here.]
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Leading by Opposition: Justice Scalia and Comparative Constitutional Law
—Claudia E. Haupt, Columbia Law School As tributes to Justice Antonin Scalia are pouring in, a common theme is emerging among those of us who tended to disagree with him in most cases: he made us think harder. As Jamal Greene, himself a scholar of comparative constitutional law, remarked: “What he did was change how we talk about the law.”
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What’s New in Comparative Public Law
–Margaret Lan Xiao, SJD Candidate, Case Western Reserve University 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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Invitation to Friends of I-CONnect: Symposium on “Does Québec Need a Written Constitution?”
—Richard Albert, Boston College Law School Friends of I-CONnect are invited to attend a full-day symposium on “Does Québec Need a Written Constitution,” on Thursday, March 31, at Yale University. The program is structured around three panels and a keynote address by former Québec premier Jean Charest, whose cabinet considered codifying a constitution for the province.
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Conference Report–Symposium on “State Constitutional Change,” University of Arkansas School of Law
—Jonathan Marshfield, University of Arkansas School of Law On January 22, 2016, the Arkansas Law Review hosted a symposium on State Constitutional Change: Traditions, Trends, and Theory at the University of Arkansas School of Law in Fayetteville, Arkansas. I convened the symposium along with Richard Albert (Boston College).
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What’s New in Comparative Public Law
–Simon Drugda, Nagoya University Graduate School of Law (Japan) 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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The Implementation Initiative (“Durchsetzungsinitiative”): Deepening the Divide Between Citizens and Non-Citizens in Switzerland
—Rekha Oleschak, Institute of Federalism, University of Fribourg[1] On 28 February 2016, Swiss citizens will go to polls again, this time to exercise their direct democratic rights on a wide range of issues, including taxation, prohibition of speculation on commodities, whether or not to have a second tunnel to the Gotthard and finally, on the expulsion of foreigners (the “Implementation Initiative” or “Durchsetzungsinitiative”).
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I·CON: Honor Roll of Reviewers 2015
We are indebted to the following colleagues who, in addition to our Editorial and Scientific Advisory Board members, gave their time this year to act as peer reviewers for I.CON. Without their valuable contribution we would not be able to maintain the excellent scholarly standards of our Journal.