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Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 30)
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Time and Sequence in Changes of Constitutional Regimes

—Andrew Arato, The New School for Social Research Introduction The concept of the constituent power emerged in the revolutions of the 17th and 18th centuries. Many new constitutions since then were made through variety of non-revolutionary processes. Yet, the normative link between democratic forms of constitution making and revolution, deeply embedded in the notion of

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Published on June 21, 2014
Author:          Filed under: Analysis
 
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Is Constitutional Review Moving to a New Home in Myanmar?

—Dominic J. Nardi, Jr., University of Michigan Late last year, Myanmar’s legislature initiated a process to review and amend the 2008 Constitution. Until recently, the largest opposition party, National League for Democracy, seemed focused on removing the ban against citizens with foreign dependents from becoming president (NLD leader Aung San Suu Kyi’s two sons are

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Published on June 11, 2014
Author:          Filed under: Developments
 
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The Indonesian General Election and the “Weak” Constitutional Court

—Stefanus Hendrianto, Santa Clara University May 2014 was quite a month in Indonesian constitutional politics. On May 19th, 2014, the Indonesian Constitutional Court stripped out its own authority to review regional election disputes involving heads of government. On the following day, the General Election Commission closed the nomination for the 2014 presidential election. After weeks

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Published on June 4, 2014
Author:          Filed under: Analysis
 
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Naz Foundation III

—Rosalind Dixon, Professor of Law, UNSW Australia Faculty of Law; Rishad Chowdhury, Partner, Verus Advocates, Delhi. The Indian Supreme Court is soon likely to hear Curative Petitions challenging its judgment in the Naz Foundation case [available at http://judis.nic.in/supremecourt/imgs1.aspx?filename=41070], which reversed the judgment of the Delhi High Court partially striking down Section 377 of the Indian

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Published on May 16, 2014
Author:          Filed under: Developments
 
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Whose “Constitutional Moment” is it Anyway? A Response to Professor Chen on Electoral Reform in Hong Kong

—Alyssa S. King, lawyer in New York and 2012 graduate of Yale Law School, and Alvin Y. H. Cheung, New York University School of Law* As the controversy over Hong Kong’s Chief Executive electoral reforms for 2017 rages on, it is vital not to lose sight of the parameters of the debate.[i] The importance of the

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Published on April 10, 2014
Author:          Filed under: Analysis
 
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Might Afghans Amend The 2004 Constitution? Hints from a Televised Presidential Debate

—Clark B. Lombardi & Shamshad Pasarlay, University of Washington School of Law 2014 marks the tenth anniversary of the current Afghan Constitution, as a post last month on FP.com (cross-posted on this blog) noted. In that post, two American experts in comparative constitutional law, Tom Ginsburg and Aziz Huq, critiqued the performance of the government

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Published on April 3, 2014
Author:          Filed under: Developments
 
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General Anti-Tax-Avoidance Rule and the Belgian Constitutional Court

–Eric Ntini Kasoko, University of Liège, Belgium (PhD Candidate) On 30th October 2013, the Belgian Constitutional Court ended the suspense as to whether or not the new general anti-avoidance rule (GAAR) applicable to income tax, registration fees and estate tax was contrary to the Belgian Constitution[i]. The Court decision was much-awaited as the new anti-avoidance

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Published on March 22, 2014
Author:          Filed under: Developments
 
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I.CON’s current issue (Table of Contents)

I.CON Volume 12 Issue 1 Table of Contents Editorial Articles Ruth Rubio-Marín, The achievement of female suffrage in Europe: On women´s citizenship Günter Frankenberg, Human rights and the belief in a just world Aoife Nolan, Holding non-state actors to account for constitutional economic and social rights violations: Experiences and lessons from South Africa and Ireland

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Published on March 21, 2014
Author:          Filed under: Editorials
 
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Suspended Declarations of Invalidity and the Rule of Law

—Robert Leckey, McGill University [cross-posted from UK Constitutional Law Blog] In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v Bedford, the Court struck down prohibitions against keeping a bawdy-house, living on the avails of

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Published on March 13, 2014
Author:          Filed under: Analysis
 
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Squaring the “Universal Suffrage” Circle in Hong Kong’s Transition to Democracy Under the Guidance of China

—P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong. Hong Kong is a transitional democracy in the sense that its constitutional instrument, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the Basic Law) [1], provides for the fast track

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Published on February 8, 2014
Author:          Filed under: Analysis