Blog of the International Journal of Constitutional Law

Month: June 2016

  • Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role

    Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. —Nick Barber, Fellow, Trinity College Oxford; Tom Hickman, Reader, UCL and barrister at Blackstone Chambers; Jeff King, Senior Lecturer in Law, UCL In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. 

  • What’s New in 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.

  • 2016 ICON·S Conference on Borders, Otherness and Public Law

    —Richard Albert, Boston College Law School Last week, the International Society of Public Law (ICON·S) held its third major conference. Held at Humboldt University in Berlin, the conference featured a keynote address, three plenary panels and over 120 concurrent panels structured around the theme of “Borders, Otherness and Public Law.”

  • Is There an Optimal Constitutional Design for Presidential Impeachments?

    —Juliano Zaiden Benvindo, University of Brasília Comparative constitutional law is now faced with a rich debate over the scope, limits, and consequences of impeachment proceedings. Since the Brazilian President Dilma Roussef was temporarily suspended from office and thereby replaced by the acting President Michel Temer after the Senate had voted to begin an impeachment trial against her on May 11, this instrument has attracted the attention of constitutional scholars worldwide.

  • What’s New in Public Law

    –Angelique Devaux, French Licensed Attorney (Notaire) In this weekly feature, I-CONnect publishes a curated reading list of developments in 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 public law blogosphere.

  • 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.

  • Do All Democracies Need Party Dissolution Mechanisms?

    —Brian Christopher Jones, Liverpool Hope University Although it may appear harsh or severe, the ability of many democracies to dissolve political parties based on the (supposedly) “unconstitutional” or “anti-democratic” nature of their existence is an inherent constitutional feature of many states.

  • 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.

  • Buddhism and/in Comparative Constitutional Law

    —Dr. Benjamin Schonthal, University of Otago, Dunedin, New Zealand In recent years, a slow but steady tectonic shift has taken place within the study of religion and constitutional law. It was not so long ago that studying religion and constitutional law meant studying the regulation of religion in secular liberal contexts—generally among a limited set of ‘usual suspect’ Anglophone and/or European cases.[1]

  • Going Against the Consociational Grain: The Debate on the Dutch Advisory Referendum Act and the Ukraine-EU Association Agreement Referendum

    —Reijer Passchier & Wim Voermans, Leiden University On April 6, 2016, the Netherlands held the first referendum under its new Advisory Referendum Act of 2015 (Wet raadgevend referendum)[1] and the third national referendum in two centuries.[2] This was a test on a highly controversial issue: Dutch political (consocialist) culture and referendums do not mix well.