Month: October 2016
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What’s New in Public Law
–Sandeep Suresh, LL.M in Comparative Constitutional Law (Central European University, Budapest) 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.
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Virtual Bookshelf: Judicial Review in Kenya: A Review of “The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis,” by James Thuo Gathii
—Richard Albert, Boston College Law School We know a lot about the theory of judicial review. We also know a lot about how the power of judicial review is exercised and why it has emerged in many constitutional democracies around the world.
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Preservationist Constitutional Amendments and the Rise of Antipolitics in Brazil
—Juliano Zaiden Benvindo, University of Brasília Ran Hirschl, in his book Towards Juristocracy, raises a very thorough argument on how political, economic, and judicial elites have strategically used Supreme Courts as “a form of self-interested hegemonic preservation.”[1] As a way of keeping many of their interests virtually untouched for years, especially in democratic and pluralistic environments where changes in the political spectrum can routinely occur based on majority decision-making, Supreme Courts are seen as a necessary tool for fending off more radical attacks on those interests.
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What’s New in Public Law
[Editor’s Note: We are pleased to announce the birth of Evan Yingling, son of Stephanie and Patrick Yingling, last week on Tuesday, October 18. Patrick has been an integral part of the What’s New in Public Law team since the very first edition was published almost three years ago.
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The Roles of Supreme Courts and Constitutional Courts in Contemporary Democracies
[Editor’s Note: In this special post, Brazilian Supreme Court Justice Luís Roberto Barroso shares his notes from an address given to students at the Yale Law School on September 22, 2016. We are grateful to Justice Barroso for this contribution to I-CONnect.
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The New Selection Process for the Supreme Court of Canada: A Global Constitutionalism Perspective
—Maxime St-Hilaire, Assistant Professor, Faculty of Law, University of Sherbrooke Earlier this week on Monday, October 17th, Prime Minister (PM) Justin Trudeau announced the elevation of Justice Malcolm Rowe from the Supreme Court of Newfoundland and Labrador (Court of Appeal) to the Supreme Court of Canada (SCC).
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Article Review/Response: Robert Leckey and Grant Hoole on Remedial Discretion
[Editor’s Note: In this installment of I•CONnect’s Article Review/Response Series, Grant Hoole reviews Robert Leckey’s recent article in I•CON on The Harms of Remedial Discretion. Leckey then responds to the review.] Review of Robert Leckey’s “The Harms of Remedial Discretion” —Grant Hoole, University of New South Wales Robert Leckey has raised an important dissenting voice challenging the generally favourable treatment constitutional scholars have given to the rising use of prospective or delayed judicial declarations of invalidity in countries with entrenched bills of rights such as South Africa and Canada.
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What’s New in 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 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.
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A Constitutional Reform Project for New Zealand
—Leonid Sirota, AUT Law School Sir Geoffrey Palmer and Andrew Butler, now both barristers with an academic past, the former also once an Attorney-General, Justice Minister, and briefly Prime Minister, have published a book arguing that New Zealand needs for a codified, entrenched constitution for New Zealand ― something the country famously lacks at present.
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Virtual Bookshelf: Constitutional Revolution in Germany–A Review of “The Forgotten Revolution?” by Stephan Jaggi
—Richard Albert, Boston College Law School Bruce Ackerman’s theory of “constitutional moments” has traveled the world as scholars have applied it outside the United States. Juliano Zaiden Benvindo has drawn from the theory to examine recent constitutional changes in Brazil, Sujit Choudhry has applied the theory to Canada in connection with Quebec secession, and Dario Castiglione has explored whether the theory can help us understand what is at stake in the constitution-making project for Europe.