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I·CONnect

Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 26)
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The Mass Protests of March and April 2015 in Brazil: A Continuation of June 2013?

—Juliano Zaiden Benvindo, University of Brasilia Last March 15 and April 12, Brazil again became the stage of huge mass protests. Hundreds of thousands of protesters stormed many of the largest cities in the country, bringing back memories of the demonstrations of June 2013 during the FIFA Confederations Cup. The media and some experts immediately

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Published on April 29, 2015
Author:          Filed under: Developments
 
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?

—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional

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Published on March 18, 2015
Author:          Filed under: Analysis
 
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A Brewing Supreme Court Nomination Crisis in Brazil?

–Vanice Regina Lírio do Valle, Estácio de Sá University This past February 26th, the Brazilian Supreme Court was unable to rule in a relevant lawsuit: the votes were tied, which made the absence of the eleventh Justice an insuperable obstacle to come to a decision. The Brazilian Supreme Court, which should be composed of eleven

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Published on March 13, 2015
Author:          Filed under: Analysis
 
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Brazilian Constitutionalism Moving Backwards? Same-Sex Marriage and the New Conservative Congress

—Juliano Zaiden Benvindo, University of Brasilia, Brazil The debate over same-sex marriage is once again in the newspaper headlines. After the US Supreme Court accepted, on February 16, to hear the cases brought by fifteen same-sex couples from four states (Michigan, Ohio, Kentucky, and Tennessee), chances are that, finally, a federal judicial ruling in this

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Published on March 4, 2015
Author:          Filed under: Analysis
 
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A Spectre Resurfaces: Chinese National Security Legislation and Hong Kong

—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law National security legislation has been a “third rail” of Hong Kong politics since 500,000 people marched in protest against the National Security (Legislative Provisions) Bill on July 1, 2003 – ultimately forcing then-Chief Executive Tung Chee-hwa to resign.  Nonetheless, in the wake of

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Published on February 12, 2015
Author:          Filed under: Developments
 
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The Indonesian Constitutional Court in Crisis over the Chief Justice’s Term Limit

—Stefanus Hendrianto, Santa Clara University On January 12, 2015, the Indonesian Constitutional Court Justices unanimously elected Arief Hidayat, a lesser-known academic from Diponegoro University, as the new Chief Justice. After his inauguration, Hidayat stated that “the process [of election] was very smooth.” But before Hidayat took over the reign of Chief of Justice in a

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Published on February 5, 2015
Author:          Filed under: Uncategorized
 
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On my way out – Advice to young scholars I: Presenting a paper in an international (and national) conference (I·CON 12, Issue 4: Editorial)

—Michel Rosenfeld, Benjamin N. Cardozo School of Law This will be the last issue in which Michel Rosenfeld serves as a Founding Co-Editor-in-Chief of I.CON. He has asked to step down after 14 years of distinguished and selfless service to I.CON. Starting from the next issue, he will move on the masthead to a place

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Published on February 4, 2015
Author:          Filed under: Editorials
 
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I.CON’s current issue (Table of Contents)

I.CON  Volume 12 Issue 4  Table of Contents Editorial I.CON Keynote Brigid Laffan, The state of our unsettled Union I.CON: Debate! Luc B. Tremblay, An egalitarian defense of proportionality-based balancing Matthias Klatt, An egalitarian defense of proportionality-based balancing: A reply to Luc B. Tremblay Luc B. Tremblay, An egalitarian defense of proportionality-based balancing: A rejoinder

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Published on February 3, 2015
Author:          Filed under: Editorials
 
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Belgian Constitutional Court Upholds the “Essential Elements” of Power Sharing Deal

—Stefan Graziadei, University of Antwerp The former Belgian Prime Minister Jean Luc Dehaene found Belgium to be a schizophrenic country.[i] He argued that while for Dutch speakers (known as ‘Flemings’) the Belgian polity and its constitutional law are underpinned by the territoriality principle, for French speakers the personality principle was dominant. While the principle of

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Published on January 28, 2015
Author:          Filed under: Developments, Uncategorized
 
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A “Stunning” Decision of the Polish Constitutional Tribunal: The Ritual Slaughter Case

–Anna Śledzińska-Simon, University of Wroclaw[*] When a judge is to decide on the conformity of a ritual slaughter ban with a constitution she cannot help but realize that it is material for a landmark decision. Yet, in Poland the full panel of the Constitutional Tribunal missed this chance and rendered a judgment that is wrong

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Published on January 21, 2015
Author:          Filed under: Developments