magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 31)
formats

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

Read More…

Published on April 10, 2014
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on April 3, 2014
Author:          Filed under: Developments
 
formats

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

Read More…

Published on March 22, 2014
Author:          Filed under: Developments
 
formats

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

Read More…

Published on March 21, 2014
Author:          Filed under: Editorials
 
formats

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

Read More…

Published on March 13, 2014
Author:          Filed under: Analysis
 
formats

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

Read More…

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

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

Read More…

Published on January 18, 2014
Author:          Filed under: Developments
 
formats

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

Read More…

Published on January 15, 2014
Author:          Filed under: Developments
 
formats

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

Read More…

Published on January 11, 2014
Author:          Filed under: Developments
 
formats

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

Read More…

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