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Blog of the International Journal of Constitutional Law
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Acting (or Not Acting) on (Lawful or Unlawful) Advice in Malaysia: From Windsor to Kuantan and Back Again

—Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore As has been previously noted in this blog, Malaysia has been undergoing an unprecedented period of political instability that has tested the interpretation and implementation of many constitutional provisions, especially those relating to the appointment and dismissal of governments.[1] In this

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Published on November 20, 2020
Author:          Filed under: Developments
 
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Black theories matter in achieving a real democracy in Brazil: reflections celebrating the National Black Consciousness Day

— Manuellita Hermes, PhD. Candidate at Università degli Studi di Roma II, Tor Vergata; Rômulo Bittencourt, Master Student of the Graduate-Level Program in Literature and Culture of the Universidade Federal da Bahia. Next November 20th is the National Black Consciousness Day (Dia da Consciência Negra) in Brazil. Specially in 2020, the resurgence of a racial debate in Brazil and

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Published on November 19, 2020
Author:          Filed under: Developments
 
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The Colombian Model of Judicial Review of Legislation: A Predecessor to the Austrian Constitutional Court of 1920

—Mario Alberto Cajas Sarria, Universidad Icesi, Colombia[1] It is 100 years since the creation of the Austrian Constitutional Court (October, 1920), which gave rise to the “Austrian Model” of judicial review of a concentrated and specialized Constitutional Court,[2] that spread across Europe with its adaptations and migrated to other continents[3]. On this Centenary, it is

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Published on November 19, 2020
Author:          Filed under: Analysis
 
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The Institutional Interest of Political Parties in Chile’s Constitution-Making Process

—Benjamin Alemparte, Duke University School of Law These are times of constitutional change in Chile.[1] On October 25, the referendum’s approval option for drafting a new Constitution won with close to 80% of the general vote, the most significant electoral gap in the country’s history. Notably, more than 50% of the registered electorate went to vote,

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Published on November 17, 2020
Author:          Filed under: Developments
 
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What’s New in Public Law

—Gaurav Mukherjee, S.J.D. Candidate in Comparative Constitutional Law, Central European University, Budapest. 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.

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Published on November 16, 2020
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Constitutionalism and Multi-Level Governance: Ran Hirschl on Megacities in Constitutional Democracies

—Estefânia Maria de Queiroz Barboza, Federal University of Paraná, and Lucas Henrique Muniz da Conceição, Birkbeck College, University of London On October 30, the Brazilian Chapter of the ICON-S promoted an international conference on the theme of Megacities and Constitutional Law. Presenting his novel academic contribution Prof. Ran Hirschl provided a keynote address regarding his

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Published on November 15, 2020
Author:          Filed under: Analysis
 
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The Paradoxical Nature of the “Ways of Moderation” in Brazilian Democracy

—Juliano Zaiden Benvindo, University of Brasília A controversial statement in Brazil these days, when President Jair Bolsonaro seems to have slowed down his blatantly authoritarian utterances, is that “institutions are functioning.” Carlos Pereira, a Brazilian leading political scientist, for example, has long argued that Brazil’s institutions are solid,[1] and, in a recent column for Estado

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Published on November 13, 2020
Author:          Filed under: Analysis
 
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Myanmar’s Constitutional Impasse: The Constitutional Amendment Process in 2020

—Andrew Harding, National University of Singapore, and Nyi Nyi Kyaw, Myanmar Studies Programme, ISEAS – Yusof Ishak Institute and National University of Singapore The rigidity of the 2008 Constitution of the Republic of the Union of Myanmar (‘the Constitution’) is rightly notorious, and this rigidity has been proven at least three times through failed attempts

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Published on November 12, 2020
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Administrative Vulnerability and Digital Technology: A Novel Concept for Inclusive Administrative Law

—Sofia Ranchordas, University of Groningen [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] Over the past year, I had the pleasure to write a number of columns for ICONnect on digital exclusion and digital citizenship: how digital technology is reshaping public

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Published on November 11, 2020
Author:          Filed under: Analysis
 
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The Indian Supreme Court and the Deportation of Rohingya Refugees: Constitutional Review and the Prospect of Success

–Debarshi Chakraborty, B.A. LL.B. (Hons.) Candidate, National Law University Odisha, India Despite efforts on the international front – the International Criminal Court had initiated an investigation into Myanmar’s forced deportation of Rohingya and the International Court of Justice imposed provisional measures for preventing genocide – the situation in Myanmar remains precarious for the Rohingya community.

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Published on November 10, 2020
Author:          Filed under: Developments