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Blog of the International Journal of Constitutional Law
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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

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Published on July 30, 2021
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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,

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Published on July 28, 2021
Author:          Filed under: Analysis
 
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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

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Published on July 27, 2021
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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. Whether it’s over the pros and

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Published on July 24, 2021
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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.  Professor Cohnhas much to teach constitutional scholars in the United States, the

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Published on July 24, 2021
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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. Early in the book, and reiterated later, Professor Cohn mentions Justice Jackson’s three categories

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Published on July 23, 2021
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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. In this

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Published on July 23, 2021
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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

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Published on July 22, 2021
Author:          Filed under: Analysis
 
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How we can detect illiberal constitutional courts and why we should be alarmed – Hungarian and Polish examples

—Tímea Drinóczi, Visiting Professor, Federal University of Minas Gerais, Brazil; Professor at the University of Pécs. In the last couple of years, formerly well-respected liberal constitutional courts have been transformed into illiberal constitutional courts. We should learn lessons from Poland and Hungary, especially in Europe. Illiberal constitutional courts intentionally undermine the democratic minimum core but

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Published on July 21, 2021
Author:          Filed under: Analysis
 
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What’s New in Public Law

—Matteo Mastracci, PhD Researcher, Koç University, Istanbul 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

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Published on July 19, 2021
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