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I·CONnect

Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 27)
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Hasebe Yasuo Interview with the Kochi Shimbun

As many readers know, there is a significant debate going on in Japan today about the government’s proposal to pass a new law that would allow for collective self-defense in the event of armed attack. This has led to protests and conflict.  The issue concerns Article Nine of the Constitution, which famously prohibits the maintenance

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Published on June 30, 2015
Author:          Filed under: Analysis
 
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The Constitution-Making Process in Chile: A Cautionary Tale from Turkey

—Claudia Heiss, Universidad de Chile & Oya Yegen, Boston University On April 21, President Michelle Bachelet of Chile delivered the second public address to Congress of her term. During that address, she reaffirmed that she would pursue constitutional changes to the 1980 Constitution written under military dictatorship, although she left open key questions about procedure.

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Published on June 19, 2015
Author:          Filed under: Analysis, Uncategorized
 
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On Abusive Constitutionalism: Two Critical Impulses

—Jorge González-Jácome, Universidad Javeriana, Bogotá, Colombia The relationship between constitutionalism and authoritarianism is not simple. Some might argue that they are opposing concepts but a very suggestive article by David Landau has coined the term abusive constitutionalism to refer to the use of tools of constitutional amendment and constitutional replacement used by would-be autocrats to

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Published on June 11, 2015
Author:          Filed under: Analysis
 
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Remembrance of Things Past (I·CON 13, Issue 1: Editorial)

I have invited Ran Hirschl, member of our Editorial Board, to write the Editorial for this issue. His contribution follows below. “Remembrance of Things Past” A couple of years ago in these pages, I published an extended Editorial outlining the analytical and methodological need to move beyond a text- or court-centric comparative constitutional law to

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Published on May 28, 2015
Author:          Filed under: Editorials
 
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I.CON’s current issue (Table of Contents)

I.CON  Volume 13 Issue 1  Table of Contents Editorial I·CON Keynote Dieter Grimm, The role of fundamental rights after sixty-five years of constitutional jurisprudence in Germany Articles Arthur Dyevre, Technocracy and distrust: Revisiting the rationale for constitutional review Yan Lin, Constitutional evolution through legislation: The quiet transition of China’s Constitution Theunis Roux, American ideas abroad:

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Published on May 27, 2015
Author:          Filed under: Editorials
 
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Reforming the Afghan Electoral System: The Current Debate and its Implications for the Plans to Amend the Afghan Constitution

–Shamshad Pasarlay, Mohammad Qadamshah, & Clark B. Lombardi, University of Washington School of Law Afghanistan’s flawed system for electing presidents and resolving electoral disputes led recently to a political crisis that nearly split the country. The immediate crisis was resolved through a special power sharing agreement between the two leading candidates, Ashraf Ghani and Abdullah

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The Honduran Constitutional Chamber’s Decision Erasing Presidential Term Limits: Abusive Constitutionalism by Judiciary?

—David Landau, Florida State University College of Law & Brian Sheppard, Seton Hall University School of Law The recent decision of the Constitutional Chamber of Honduras annulling a series of constitutional and legal provisions that prohibited presidential reelection and made that prohibition unamendable was a troubling one. The same political forces that previously ousted ex-President

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Published on May 6, 2015
Author:          Filed under: Developments, Uncategorized
 
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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