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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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Populism and Judicial Backlash in the United States and Europe

—Bilyana Petkova, Postdoctoral fellow, NYU School of Law, Visiting Researcher, Yale [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. Parts of this post are adapted from “Federalism, Rights and Backlash”, International Journal of Constitutional Law (forthcoming, 2017), co-authored with

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Published on April 30, 2017
Author:          Filed under: Analysis
 
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Safeguarding Democratic Institutions

—Samuel Issacharoff, NYU School of Law [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] A discussion of courts and populism begs for definitional boundaries.  While courts are generally institutionally confined, the same cannot be said for populism, a

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Published on April 29, 2017
Author:          Filed under: Analysis
 
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Considering the First Phase of Ireland’s Citizen Assembly

—Eoin Carolan, University College Dublin Last weekend, Ireland’s Citizens’ Assembly issued its recommendations on the first of the topics which the Houses of the Oireachtas (Irish parliament) asked it to consider: the Eighth Amendment to the Constitution. This amendment, which was approved in a referendum in 1983, inserted a new Article 40. 3. 3 into

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Published on April 29, 2017
Author:          Filed under: Developments
 
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Conference on “Imposed Constitutions: Aspects of Imposed Constitutionalism”

—Richard Albert, Boston College Law School Xenophon Contiades (President of the Centre for European Constitutional Law, Convenor of the Research Group on Constitution-Making and Constitutional Change in the IACL) and Alkmene Fotiadou (Centre for European Constitutional Law) are once again hosting a conference on an important and provocative subject. This time, the subject is “Imposed

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Published on April 28, 2017
Author:          Filed under: Developments
 
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Trapped in the Age of Trump: the American Supreme Court and 21st Century Populism

—Or Bassok, University of Nottingham [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. The author thanks Shay Levi for his valuable comments.] The American Supreme Court is currently ill-equipped to confront populism. The Court’s deficiency is not because of

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Published on April 28, 2017
Author:          Filed under: Analysis
 
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Courts in a Populist World

—Alon Harel, The Hebrew University of Jerusalem [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] “I did not come to in order to be loved but in order to voice the sentiments of the public,” said Minister Miri

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Published on April 27, 2017
Author:          Filed under: Analysis
 
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Distinguishing Among Referenda (I-CONnect Column)

—Aslı Bâli, UCLA School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four columnists for

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Published on April 27, 2017
Author:          Filed under: Analysis
 
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Populist Constitutionalism & The Democratic Minimum Core

—Rosalind Dixon, University of New South Wales [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Democratic “populism” is on the rise worldwide. In the last decade, Latin America has seen a wave of populist, neo-Bolivarian political change; Hungary

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Published on April 26, 2017
Author:          Filed under: Analysis
 
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Populism and the Courts

—Andrew Arato, The New School [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] The antagonism of populist governments to apex courts is a matter of historical record, starting with Peronism, the first time that an openly populist movement

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Published on April 25, 2017
Author:          Filed under: Analysis
 
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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. To submit relevant developments for our

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Published on April 24, 2017
Author:          Filed under: Developments