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Blog of the International Journal of Constitutional Law
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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
Author:          Filed under: Reviews
 
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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
Author:          Filed under: Uncategorized
 
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Ius Publicum Network Review | Call for Submissions after ICON·S 2021 Mundo Conference

—Gabriella M. Racca, University of Turin After the great success of the ICON·S 2021 Mundo Conference “The Future of Public Law”, the IUS Publicum Network Review invites professors, academics, researchers and scholars who are interested in publishing the paper they presented at the ICON·S 2021 Mundo Conference, to submit it for review and publication. Papers

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Published on July 15, 2021
Author:          Filed under: Developments
 
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The First Week of the Chilean Constitutional Convention

—Lucas MacClure, Boston College The Chilean Constitutional Convention has begun the work that will lead, one hopes, to the replacement of Pinochet’s 1980 constitution. In this piece, I summarize the Convention’s first week and highlight themes we comparativists often discuss under the banner of the optimal design of constituent assemblies.⁠[1] The first week of the

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Published on July 15, 2021
Author:          Filed under: Analysis
 
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New Frontiers of Gender Constitutionalism in Asia (2): Gender Identity and Sexuality

—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] In this second post in the two-part series on new frontiers of gender constitutionalism in Asia, I explore the constitutional treatment of

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Published on July 14, 2021
Author:          Filed under: Analysis
 
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What’s New in Public Law

—Claudia Marchese, Research Fellow in Comparative Public Law at the University of Florence (Italy) Developments in Constitutional Courts South Africa’s Constitutional Court has found former president Jacob Zuma guilty of contempt of court and sentenced him to 15 months’ imprisonment. The U.S. Supreme Court, in a 6-3 decision, invalidated a California statute requiring charities to

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Published on July 12, 2021
Author:          Filed under: Developments
 
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Using Digital Constitutionalism to Curb Digital Populism

—Emilio Peluso Neder Meyer, Federal University of Minas Gerais and National Council for Scientific and Technological Development, Brazil, and Fabrício Bertini Pasquot Polido, Federal University of Minas Gerais, Brazil On January 6, 2021, the world watched on live stream the result of years and years of political extremism being dumped into American society. Radicalized supporters

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Published on July 10, 2021
Author:          Filed under: Analysis
 
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The Beginning of the End for Vagrancy Laws?

—Christopher Roberts, Assistant Professor, Chinese University of Hong Kong. During the drafting of the European Convention on Human Rights, Sweden suggested an amendment to the provision protecting liberty and security of the person, stipulating that vagrancy and alcohol abuse be recognized as grounds upon which individuals might be detained.[1] This suggestion eventually took form as

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Published on July 9, 2021
Author:          Filed under: Developments