Blog of the International Journal of Constitutional Law

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Month: July 2021

  • ICON’s Latest Issue: Table of Contents

    Volume 19 Issue 2 Table of Contents Editorial I•CON: Debate! Gila Stopler, The personal is political: The feminist critique of liberalism and the challenge of right-wing populism Marcela Prieto Rudolphy, Right-wing populism, the reasonable, and the limits of ideal theory: A reply to Gila Stopler Frank Michelman, The bind of tolerance and a call to feminist thought: A reply to Gila Stopler David Dyzenhaus, The political conception of the legal person: A reply to Gila Stopler Amy Baehr, The feminist critique of liberalism and the challenge of right-wing populism: A reply to Gila Stopler Jan-Werner Müller, Rawls and right-wing populism—A qualified defense of the former: A reply to Gila Stopler Gila Stopler, Patriarchal populism: A rejoinder Symposium: Ely in the World: The Global Legacy of Democracy and Distrust Forty Years On Rosalind Dixon and Michaela Hailbronner, Ely in the world: The global legacy of Democracy and Distrust forty years on Claudia Geiringer, Ely in New Zealand Rosalind Dixon and Amelia Loughland, Comparative constitutional adaptation: Democracy and distrust in the High Court of Australia James Fowkes, A hole where Ely could be: Democracy and trust in South Africa Michaela Hailbronner, Combatting malfunction or optimizing democracy?

  • Self-Determination without Democracy: The Curious Case of the Horn of Africa

    —Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] What course the postcolonial state and its people should take to achieve liberation and self-determination, in the full sense of these terms, has been one of the big questions that has confronted Africans since the dawn of colonialism.

  • Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 4 | Tension and Legality: Response to Commentators

    —Margit Cohn, Hebrew University of Jerusalem Faculty of Law While writing this book, and after it was published, I hoped that academics would be interested in my work, to an extent that they would not only read the book but, hopefully, both understand its main points, and be driven to comment on some of the points made.

  • Decolonizing Comparative Constitutionalism

    —Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin In “Comparative Law and Decolonizing Critique,” Professor Sherally Munshi suggests four paths for comparative law scholars to reorient their research toward decolonizing legal scholarship.

  • What’s New in Public Law

    —Eman Muhammad Rashwan, Ph.D. Candidate in the European Doctorate in Law & Economics (EDLE), Hamburg University, Germany; Assistant Lecturer of Public Law, Cairo University, Egypt. 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.

  • Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 3 | Thinking About Executive Power

    —Conor Casey, University of Liverpool School of Law “There is nothing new under the sun” we are told in Ecclesiastes (1:9). This aphorism applies with particular force to public law scholarship, where we see the same conceptual and normative battles being waged in cyclical fashion by successive scholarly generations.

  • Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 2 | To the Executive Branch and Beyond

    —Mark A. Graber, University of Maryland Carey School of Law Professor Margit Cohn has written a book that is terrific on two dimensions.  The first concerns substance. Readers will be a lot smarter than they were before reading A Theory of Executive Branch. 

  • Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 1 | Politics as Law: Understanding How (Normatively and Descriptively) to Regulate the Executive Power

    —Mark Tushnet, Harvard Law School I offer three comments on Professor Cohn’s terrific book, the first and second focused on the implications for law of her analysis, the third sketching a broader jurisprudential “take” on the material. 1. Justice Jackson’s categories.

  • Introduction: Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality

    —Rivka Weill, Harry Radzyner Law School, IDC Professor Margit Cohn’s A Theory of the Executive Branch: Tension and Legality, published by Oxford University Press, could not have been timelier. It arrives on the bookshelves as democratic backsliding and the spread of Covid-19 redefine the relationship between the rule of law and executive power.

  • Emergency Law in Spain: the Spanish Constitutional Court’s case law

    —Germán M. Teruel Lozano, Lecturer in Constitutional Law, University of Murcia When the Constitution reached its twenty-fifth anniversary, back in 2003, Professor Cruz Villalón highlighted the period of “constitutional normality” that we had lived through. In recent years, that normality has been disturbed by some turbulences that have forced the activation of some exceptional mechanisms provided by the Constitution in order to restore democratic normality.