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Blog of the International Journal of Constitutional Law
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Shortcuts and Short Circuits in Latin American Constitutional Models: a Reading of Cristina Lafont’s Democracy without Shortcuts

—Julian Gaviria-Mira, Universidad EAFIT, Colombia In Democracy without Shortcuts, the philosopher Cristina Lafont has elaborated a compelling defense of what she calls a “deliberative-participatory democracy”. This democracy “without shortcuts” seeks to vindicate, at the same time, both deliberation in democratic institutions and strong participation of the citizens in collective self-government. Curiously, the effort to delineate

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Published on September 30, 2021
Author:          Filed under: Analysis
 
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Vietnam: Emergency Powers in Time of Pandemic and the Role of the Written Constitution

—Le Nguyen Duy Hau, Attorney at Law This blog post seeks to inform about a new constitutional development in Vietnam surrounding an enabling act formally vesting the Prime Minister (“PM”) with unprecedented emergency powers, and how such an event could provide meaningful suggestions in further research into Vietnam’s constitutional law. In short, I argue that

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Published on September 28, 2021
Author:          Filed under: Analysis
 
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What’s New in Public Law

—Nakul Nayak, Assistant Professor at Jindal Global Law School, India. 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

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Published on September 27, 2021
Author:          Filed under: Uncategorized
 
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Is Polarization Necessarily Bad? Lessons from Latin America

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Polarization is what several political scientists and constitutional scholars have pointed out as possibly the most troubling sign of

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Published on September 22, 2021
Author:          Filed under: Analysis
 
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What’s New in Public Law

—Chiara Graziani, Research Fellow in Comparative Public Law, University of Milan-Bicocca (Italy) and Academic Fellow, Bocconi University (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

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Published on September 20, 2021
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Choosing Scylla: climate change vs. private property in Chile’s new constitution

—Ernesto Vargas Weil, Assistant Professor, University of Chile and Associate Lecturer, University College London Climate change is here to stay. A few weeks ago, the UN Secretary-General argued that the last report of the Intergovernmental Panel on Climate Change Working Group was ‘a code red for humanity’, urging Governments to take immediate action, especially in containing greenhouse

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Published on September 17, 2021
Author:          Filed under: Analysis
 
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What’s New in Public Law

–Susan Achury, Visiting Lecturer at Texas Christian University 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

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Published on September 13, 2021
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One Weird Trick To Defeat Judicial Review: Process as Outcome

—Matthew Reid Krell, Lecturer of Law, University of the West Indies Cave Hill As I write this, a puzzling event has occurred in the United States: the law governing access to abortion has changed. But it changed without Congress enacting a law, without the Supreme Court issuing a ruling, and in fact, without anyone taking

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Published on September 12, 2021
Author:          Filed under: Analysis
 
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The Constitutional Chamber in El Salvador and Presidential Reelection: Another Case of Constitutional Authoritarian-Populism

—José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University.  A few months after the mass removal of the constitutional judges in El Salvador, the new Constitutional Chamber of the Supreme Court issued ruling number 1-2021, dated

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Published on September 10, 2021
Author:          Filed under: Developments
 
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When Judges Unbound Ulysses: the Case of Presidential Reelection in El Salvador

—Manuel Adrian Merino Menjivar, Professor of Constitutional Law, Universidad Gerardo Barrios, El Salvador In Ulysses Unbound, Jon Elster understands constitutions as a precommitment made by the people to themselves. According to the myth on which he bases his metaphor, when Ulysses returned from the Trojan War, he had to pass through the Isle of Sirens,

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Published on September 9, 2021
Author:          Filed under: Analysis