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I·CONnect

Blog of the International Journal of Constitutional Law
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The “Rationality of Fear” on the Edge of Brazilian Democracy: Another Shield Against Authoritarianism?

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development[1] In a period of about two months, a series of protests in South America brought the region again into the spotlight. Except for the Bolivian case,[2] whose causes were mostly related to the presidential election process, the protests in Chile, Ecuador,

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Published on December 31, 2019
Author:          Filed under: Analysis
 
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To Convict a Dictator: Judges Versus Generals in Pakistan

—Yasser Kureshi, Senior Teaching Fellow, SOAS University of London On the 17th of December 2019, a special court in Pakistan found its former military dictator, General Musharraf (1999-2008), guilty of high treason for suspending the constitution in 2007.[1] In a country where the military has ruled with impunity for much of its history, this verdict

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Published on December 28, 2019
Author:          Filed under: Developments
 
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Towards an Anti-Bully Theory of Judicial Review

—Yaniv Roznai, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya * In an environment of democratic erosion, courts are under political pressure. Populist projects of constitutional change modify the rules for appointment and jurisdiction of bodies like constitutional courts in an attempt to weaken their independence, pack them and even capture them. Often, courts are

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Published on December 21, 2019
Author:          Filed under: Analysis
 
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JHH Weiler, Co-Editor in Chief, in Conversation with Professor Wojciech Sadurski

—J.H.H. Weiler, Co-Editor in Chief, ICON, and Wojciech Sadurski, University of Sydney One of the more ‘elegant’ ways of restricting freedom of political speech and academic freedom is to use libel and defamation laws. It has increasingly become the weapon of choice of various political actors and regimes. Nobody would gainsay that academics may libel

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Published on December 13, 2019
Author:          Filed under: Editorials
 
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The Joint Declaration to the Inter-American System of Human Rights: Backlash or Contestation?

—Melina Girardi Fachin (Universidade Federal do Paraná); Bruna Nowak (Universidade Federal do Paraná) In April 2019, Argentina, Brazil, Chile, Colombia and Paraguay issued a joint declaration to the Inter-American Commission on Human Rights with critical observations directed to the Inter-American System of Human Rights. The states reaffirmed their commitment to the American Convention on Human

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Published on December 12, 2019
Author:          Filed under: Developments
 
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10 Good Reads

––J. H. H. Weiler, New York University School of Law; Co-Editor-in-Chief, I·CON It is the time of year once more when I publish my pick from some of the books that came my way since my last “Good Reads” listing. These are not book reviews in the classical and rigorous sense of the word, for which

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Published on December 9, 2019
Author:          Filed under: Editorials
 
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The Coup d’État that Wasn’t. Does the Latest Revolt in Bolivia Reveal Limitations of a Concept or the Failure of Scholars Using it?

—Franz Xavier Barrios-Suvelza, Erfurt University  The latest events in Bolivia unleashed a vivid polemic in the media on whether the unconventional interruption of Evo Morales’ mandate as of this 10th of November was a coup d’État. I claim that the Bolivian case reveals the need to rethink whether the category coup d’État can be reasonably

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Published on December 8, 2019
Author:          Filed under: Developments
 
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The Post-Soviet Constitutional Rights Community

—William Partlett, Melbourne Law School [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 for 2019,

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Published on December 4, 2019
Author:          Filed under: Analysis
 
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District Bar Association, Rawalpindi v. Federation of Pakistan: Marbury-Style Judicial Empowerment?

—Neil Modi, Visiting Researcher, Georgetown University Law Center The Pakistani Supreme Court’s decision in District Bar Association, Rawalpindi v. Federation of Pakistan (2015) serves as a good illustration of an attempt of judicial self-empowerment, akin to a Marbury v. Madison-style moment.[1] By this I mean that the strategy adopted by the court in this case

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Published on December 1, 2019
Author:          Filed under: Analysis
 
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Navigating Constitution Building and Political Transitions in Sri Lanka

—Dian A H Shah, National University Singapore Faculty of Law [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

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Published on November 27, 2019
Author:          Filed under: Analysis