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Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 31)
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On the Tight Rope: The Turkish Constitutional Court and the Balbay Case

—Basak Cali, Koç University Law School It is well-known political science knowledge that domestic high courts strive for simultaneous sources of legitimacy. On the one hand, courts seek political legitimacy from governing political elites. On the other they seek legal legitimacy from lower rank domestic courts, other high courts, lawyers and domestic the judicial community in

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Published on January 18, 2014
Author:          Filed under: Developments
 
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A Successful Challenge to Canada’s Prostitution Laws

—Vanessa MacDonnell, University of Ottawa Faculty of Law On December 20, the Supreme Court of Canada ruled in one of the most anticipated cases of 2013: Canada (Attorney General) v Bedford[i], a constitutional challenge to three prostitution provisions of the Criminal Code of Canada.[ii] These provisions made it an offence to keep a common bawdy

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Published on January 15, 2014
Author:          Filed under: Developments
 
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The French Constitutional Council and the 2014 Finance Law

—Angelique Devaux, French Licensed Attorney (Notaire) At the end of every year, before wishing the traditional best wishes, the Constitutional Council of the French Republic renders its decision on the Finance Act for the year ahead. Eagerly anticipated by the Government and taxpayers, the decision endorses (wholly or partly) the budget of France for the

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Published on January 11, 2014
Author:          Filed under: Developments
 
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Constitutionally Eroding the Rule of Law

—William Partlett, Columbia Law School Recent work by Kim Lane Scheppele, Sam Issacharoff, David Landau, and myself has focused on the ways in which constitutional change can be used to render regimes less democratic. In Russia today, we are seeing constitutional change eroding another key liberal value: the rule of law. With very little fanfare

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Published on January 8, 2014
Author:          Filed under: Analysis
 
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Checking Institutions and the Institutional Control of Politics

—David Landau, Florida State University College of Law This week, the Colombian National Procuraduria [a sort of National Attorney General or Inspector General] removed the leftist, democratically-elected mayor of Bogota, Gustavo Petro, from office and banned him from participation in politics for 15 years. The move is a fascinating look into the strength of Colombia’s

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Published on December 13, 2013
Author:          Filed under: Developments
 
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The Scottish Constitution After Independence

—Stephen Tierney, Edinburgh School of Law [Cross-posted from UK Con Law Blog] According to the Scottish Government White Paper issued this week, Scotland’s Future, an independent Scotland will have a new written constitution (this repeats the commitment contained in the Scottish Government’s earlier White Paper of March). The intention is to replace Westminster parliamentary supremacy

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Published on December 7, 2013
Author:          Filed under: Developments
 
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European Court of Human Rights Condemns Greece for Banning Same-Sex Civil Unions

–Christina M. Akrivopoulou, Greek Refugee Appeals Authority On November 7, the European Court of Human Rights decided Vallianatos and others v. Greece, which condemned Greece for banning same-sex civil unions. Law 3719/2008 introduced civil unions within Greece as an alternative to the institution of marriage for heterosexual couples that share stable relationships, but excluded same-sex

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Published on November 28, 2013
Author:          Filed under: Developments
 
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Call for Papers: Conference on “Constitutionalism Across Borders in the Struggle Against Terrorism”

International Association of Constitutional Law Research Group on Constitutional Responses to Terrorism Call for Papers for Conference at Harvard Law School (USA) – 6-7 March 2014 “Constitutionalism Across Borders in the Struggle Against Terrorism” On behalf of the IACL Research Group on Constitutional Responses to Terrorism, we hereby invite proposals in the form of abstracts

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Published on November 10, 2013
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Crown Immunity After the End of Empire in Hong Kong and India

—Christopher Forsyth & Nitish Upadhyaya, University of Cambridge Cross-posted from the Blog of the UK Constitutional Law Group Crown Immunity is a recondite branch of Public Law that seldom makes an appearance in the Law Reports but it does potentially raise grave constitutional issues. It is surely ‘fundamental to the rule of law that the

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Published on November 5, 2013
Author:          Filed under: Analysis
 
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Symposium and Call for Papers and Participants: Global Environmental Constitutionalism Symposium

Call for Abstracts Deadline: December 13, 2013 Manuscript Drafts Due: March 15, 2014 Conference Date: April 11, 2014 April 11, 2014, Widener University School of Law, Wilmington, Delaware, United States The Widener University School of Law will host a Global Environmental Constitutionalism Symposium on Friday, April 11, 2014. The focus of the symposium is a

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Published on November 2, 2013
Author:          Filed under: Uncategorized