magnify

I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Articles posted by dlandau
formats

Developments in Swedish Constitutional Law: The Year 2016 in Review

Editor’s Note: Today we publish the 2016 Report on Swedish constitutional law, which appears in the larger 44-country Global Review of Constitutional Law, now available here in a smaller file size for downloading and emailing. –Thomas Bull, Justice of the Supreme Administrative Court, LL.D., Associate Professor (docent) and former Professor (full) in Constitutional Law, Uppsala University, and Anna

Read More…

Published on October 20, 2017
Author:          Filed under: Developments
 
formats

Governing in a Liberal-Constitutional State: Dealing With the Clash Between Legality and Legitimacy in Chile and Spain (I-CONnect Column)

—Javier Couso, Universidad Diego Portales & Utrecht University [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four columnists

Read More…

Published on October 18, 2017
Author:          Filed under: Analysis
 
formats

Developments in Brazilian Constitutional Law: The Year 2016 in Review

Editor’s Note: Today we publish the 2016 Report on Brazilian constitutional law, which appears in the larger 44-country Global Review of Constitutional Law, now available here in a smaller file size for downloading and emailing. –Luís Roberto Barroso[1], Juliano Zaiden Benvindo[2], and Aline Osorio[3]    I. Introduction Developments in Brazilian Constitutional Law in the year 2016 were shaped by

Read More…

 
formats

Catalonia: Is There a “Right” to Secession?

—Milena Sterio, Cleveland-Marshall College of Law The people of Catalonia voted on October 1 to secede from Spain.  The Catalan independence referendum was heavily contested by Spain, which declared it unconstitutional, and which attempted to meddle, through security and police action, in the voting process itself.  Despite reports of possible human rights violations by the

Read More…

Published on October 10, 2017
Author:          Filed under: Developments
 
formats

Developments in Indonesian Constitutional Law: The Year 2016 in Review

Editor’s Note: Today we publish the 2016 Report on Indonesian constitutional law, which appears in the larger 44-country 2016 Global Review of Constitutional Law, now available here in a smaller file size for downloading and emailing. –Stefanus Hendrianto* and Fritz Siregar**  I. Introduction The Indonesia Constitutional Court is at a critical point in history as President Joko

Read More…

Published on October 8, 2017
Author:          Filed under: Developments
 
formats

Constitutionalize This: Catalan Referendum as Political Surprise and Theoretical Disruption

—Zoran Oklopcic, Department of Law and Legal Studies, Carleton University, Ottawa. Author of Beyond the People: Social Imaginary and Constituent Imagination (Oxford University Press, forthcoming February 2018). [Editor’s Note: This is the fifth entry in our symposium on Sunday’s independence vote in Catalonia. We are grateful to our convener, Professor Zoran Oklopcic, for assembling an outstanding group of scholars to

Read More…

Published on October 6, 2017
Author:          Filed under: Analysis
 
formats

Developments in South Korean Constitutional Law: The Year 2016 in Review

Editor’s Note: Today we publish the 2016 Report on South Korean constitutional law, which appears in the larger 44-country 2016 Global Review of Constitutional Law, now available here in a smaller file size for downloading and emailing. –Leo Mizushima, Research Associate at the Institute of Comparative Law, Waseda University I. Introduction Since the founding of the Republic

Read More…

Published on October 6, 2017
Author:          Filed under: Developments
 
formats

The Brazilian Constitution of 1988, the Armed Forces, and the Coup d’Etat

—Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, & Thomas da Rosa Bustamante, Federal University of Minas Gerais, Brazil, Faculty of Law. On the 17th of September 2017, Brazilian Army General Antonio Hamilton Martins Mourão, during a lecture for a Masonic Lodge in Brasília, advocated the possibility of an interference of the Armed Forces

Read More…

 
formats

India’s Supreme Court Expands Freedom

—Menaka Guruswamy, Research Scholar and Lecturer, Columbia Law School and Advocate, Supreme Court of India [This article was originally published in the New York Times on September 10, 2017.] On Aug. 24, the Supreme Court of India, in a rare unanimous judgment, declared privacy a constitutional right. The court unflinchingly reasoned that the rights to

Read More…

Published on September 27, 2017
Author:          Filed under: Developments
 
formats

The Superficiality of U.S. Confirmation Hearings and the Issue of Comparative Constitutional Law

—Stefanus Hendrianto, Boston College In the last five confirmation hearings in the United States Senate for nominees to the U.S. Supreme Court (Roberts, 2005; Alito, 2006; Sotomayor, 2009; Kagan, 2010; and Gorsuch, 2017), the role of comparative constitutional law in the American constitutional system was one of the main questions. Very recently, in the confirmation

Read More…

Published on September 21, 2017
Author:          Filed under: Analysis