Blog of the International Journal of Constitutional Law

Month: April 2020

  • A Liberal Darling or an Inadvertent Hand to Dictators? Open-Ended Lawmaking and Taiwan’s Legal Response to the Covid Pandemic

    –Ming-Sung Kuo, Associate Professor, University of Warwick, UK. Email:  Taiwan has recently received unusual international coverage for its stellar performance in the global fight against the Covid pandemic. It is noted that the Taiwan society and government drew hard lessons from their painful experience in the 2003 Sars outbreak.

  • Lies in the Time of Corona: Attempts to Inoculate Truth from a Pandemic

    —Andrea Scoseria Katz, NYU School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] The problem with lying in politics, the philosopher Hannah Arendt once pointed out, isn’t that people start to take the lies seriously, but rather that “nobody believes anything any longer”: A people that no longer can believe anything cannot make up its mind.

  • Polexit is Coming or is it Already Here? Comments on the Judicial Independence Decisions of the Polish Constitutional Tribunal

    —Agnieszka Bień-Kacała, Nicolaus Copernicus University The COVID-19 crisis changed the dynamics of the deterioration of Polish constitutionalism; it has relocated and refocused legal arguments to an extent that could lead us to Polexit. The argument based on the sovereignty of Poland is no longer considered as a mere electoral campaign tool, but has now become a legal ground for Constitutional Tribunal (CT) decisions. 

  • 2020 I•CON Prize

    —Gráinne de Búrca, Florence Ellinwood Allen Professor of Law; Faculty Director, Hauser Global Law School; Director, Jean Monnet Center for International and Regional Economic Law & Justice, New York University, and Joseph Weiler, University Professor; Joseph Straus Professor of Law; European Union Jean Monnet Chaired Professor; and Co-Director, Jean Monnet Center for International and Regional Economic Law and Justice We are very pleased to announce the winner of the 2020 I•CON Prize for the most outstanding article published in volume 17 of the International Journal of Constitutional Law. This

  • What’s New in Public Law

    —Claudia Marchese, Research Fellow in Comparative Public Law at the University of Florence, Italy Developments in Constitutional Courts The German Constitutional Court, in a decision dated 15 April 2020, held that citizens have the right to political protest if they adhere to social distancing rules in place to slow the spread of the coronavirus.As

  • “Constitutional Dismemberment” and Strategic Deconstitutionalization in Times of Crisis: Beyond Emergency Powers

    —Cristiano Paixão & Juliano Zaiden Benvindo, University of Brasília  It could not be otherwise: Covid-19 is the topic of the moment in constitutional law. A series of debates over the impacts of this external factor on the functioning of democratic or authoritarian states, the leadership or not of their respective governments to face such severe challenges, the use and abuse[1] of the constitution to deal with this crisis, among other fascinating topics, are everywhere, from newspapers to academic blogs and journals.

  • Virtual Symposium: Reflections on the ICON-S Mexico Book “Constitutional Justice in Times of Change”

    Next Tuesday, April 28, a group of Latin American legal scholars will be discussing the recent book prepared by the ICON-S Mexican Chapter and sponsored by the Mexican Supreme Court, entitled “Constitutional Justice in Times of Change,” edited by Roberto Niembro and Sergio Verdugo.

  • The Role of Constitutional Justice in Times of Crisis: The Case of Ecuador

    —Andrés Cervantes, Pompeu Fabra University As I write these lines, I am thinking about the complex situation that Ecuador is currently facing because of the national emergency declared over the aggressive progression of the Covid-19 pandemic. However, some of the thoughts expressed here may be also relevant to other Latin-American nations as the Global South shares some structural features: extreme poverty, weak standards on the rule of law, distrust of the political system and a growing disinterest on democracy.[1]

  • Book Review: Urbina and Recabarren on Barber’s “The Principles of Constitutionalism”

    [Editor’s Note: In this installment of I•CONnect’s Book Review Series, we feature a review of N.W. Barber, The Principles of Constitutionalism (Oxford University Press, 2018). –Francisco J. Urbina and Clemente Recabarren, Faculty of Law, Pontificia Universidad Católica de Chile In his book The Principles of Constitutionalism, N.W.

  • What’s New in Public Law

    —Chiara Graziani, Ph.D. Candidate and Research Fellow in Constitutional Law, University of Genoa (Italy) 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.