Blog of the International Journal of Constitutional Law

Month: December 2016

  • The Team that Brings You “What’s New in Public Law”

    —Richard Albert, Boston College Law School We published the first edition of “What’s New” three years ago on January 5, 2014. Its format today is largely unchanged and its purpose has remained the same: to update our readers on developments in public law around the world from the previous week.

  • The Hungarian Constitutional Court on the Limits of EU Law in the Hungarian Legal System

    —Tímea Drinóczi, University of Pécs, Hungary Last month, on November 30, just one week after the Seventh Constitutional Amendment had failed,[1] the Constitutional Court declared in its ruling 22/2016 (XII. 5.) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary (FL) infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.

  • 2016 Book Recommendation: Contiades & Fotiadou on “The People”

    —Richard Albert, Boston College Law School Xenophon Contiades & Alkmene Fotiadou (eds.). Participatory Constitutional Change: The People as Amenders of the Constitution. Routledge, 2017. P. 217. £ 95.00. ISBN: 978-1472478696. In a recent I·CON editorial, Joseph Weiler laments the prevalence of low-quality edited volumes in the field of public law.

  • 2016 Book Recommendations–Hofstadter on American Politics, Lanni on Ancient Athens

    —Tom Ginsburg, University of Chicago Richard Hofstadter. The paranoid style in American politics and other essays. Harvard University Press, 1996 (1964). P. 346. ISBN: 978-0674654617 Adriaan Lanni. Law and Order in Ancient Athens. Cambridge University Press, 2016. P. 240. £ 80.00.

  • What’s New in Public Law

    –Patrick Yingling, Reed Smith LLP 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.

  • Two Kinds of Unconstitutional Constitutional Interpretations in China’s Hong Kong

    —Dr. P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Faculty of Law, The University of Hong Kong The taking of oaths by two members of the Legislative Council of the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China (PRC) at the first meeting of the newly elected Legislative Council on 12 October 2016 and the ruling of the President of the Legislative Council on 18 October 2016 in respect of their acts have not only led to legal proceedings launched by the Chief Executive of the HKSAR and the Secretary for Justice on 18 October 2016 for declarations and injunctions against them on the ground that their purported oath taking had disqualified them from assuming office, but also the adoption of an interpretation by the PRC’s Standing Committee of the National People’s Congress (NPCSC) of Article 104 of the Basic Law of the HKSAR of the PRC, the provision of the HKSAR’s constitutional document on oath taking by officers ranging from the Chief Executive to principal officials of the executive authorities, legislators and judges when they assume office, on 7 November 2016, while the Court of First Instance (CFI) hearing those legal proceedings was considering its judgment. 

  • UK Learns Brexit is Easier Said Than Done

    [This post was first published on the website of the Whitney and Betty MacMillan Center for International and Area Studies at Yale. It is republished here with permission of the author.] —David R. Cameron, Professor of Political Science, Director of the Program on European Union Studies, Yale University When Prime Minister Theresa May took over as the leader of the British Conservative Party and prime minister of the United Kingdom in July, she famously said, “Brexit means Brexit.”

  • Abusive Judicial Activism and Judicial Independence in Brazil

    —Juliano Zaiden Benvindo, University of Brasília When delivering his speech at the Brazilian Supreme Court on December 5 on “Public Ethics and Democracy,” Michael Sandel, Professor at Harvard University, could not foresee what was about to happen that very day just some floors above the conference room.

  • Call for Applications–Emile Noël Fellowship Program at NYU School of Law

    A message from the I-CON Co-Editors-in-Chief, Joseph Weiler and Gráinne de Búrca, faculty directors of the Jean Monnet Center at NYU School of Law: The Jean Monnet Center at NYU School of Law is currently accepting applications for its Emile Noël Fellowship Program  for AY 2017/18.

  • Special Announcement: I-CONnect Columnists for 2017

    —David Landau, Florida State University College of Law The editors of I-CONnect are pleased to announce a new initiative – starting in January 2017, we will be featuring regular columnists. The idea of the columns is to provide the blog with regular contributors who have a distinctive voice and unique perspective on public law.