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Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 33)
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Freedom of Expression or Freedom from Electoral Unfairness?: The ECHR Upholds a Ban on Political Advertising

—Eoin Carolan, University College Dublin The decision in Animal Defenders International v. U.K. represents the European Court of Human Rights’ latest effort to resolve the contentious and long-running debate about the compatibility of a prohibition on political advertising with the protection afforded to freedom of expression under Article 10 of the European Convention on Human

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Published on August 29, 2013
Author:          Filed under: Developments
 
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Should Egypt Drop the Presidency?

—David Landau, Florida State University College of Law Bruce Ackerman recently wrote an op-ed in the New York Times calling for Egypt to drop the institution of the presidency from its new constitutional order, and instead to use a parliamentary system with a constructive vote of no confidence. Ackerman argues essentially that the figure of

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Published on July 28, 2013
Author:          Filed under: Analysis
 
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Of Generals, Judges, and Constitutional Democracies

—Menaka Guruswamy, International Visiting Associate Professor of Law, Columbia University (Fall 2013) Cross-posted from the Blog of the UK Constitutional Law Group On July 3, General Fattah al-Sisi, the 58 year old Chief of the Egyptian Army announced on television that the army had removed President Mohammad Morsi from power and suspended the constitution. In

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Published on July 25, 2013
Author:          Filed under: Analysis
 
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How the financial crisis has affected constitutions

–Dr. Alkmene Fotiadou, Centre for European Constitutional Law (Athens, Greece) In the comparative chapter of the book Constitutions in the Global Financial Crisis by Xenophon Contiades (ed.), we attempted to trace how the financial crisis impacted formal and informal constitutional change based on data and analysis provided in the book by constitutional scholars from Greece,

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Published on July 22, 2013
Author:          Filed under: Analysis
 
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The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The Spanish Constitutional Court, in judgment 198/2012 of November 28, 2012, upheld Law 13/2005, which guarantees same-sex marriage in Spain. Prior to the democratic transition that followed the death of Franco and the end of his dictatorship, Spain was characterized by a very religious and conservative

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Published on July 19, 2013
Author:          Filed under: Developments
 
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The Constitutionalism Debate in China

—Rogier Creemers, Centre for Socio-Legal Studies & St. Antony’s College, University of Oxford Cross-posted from the Blog of the UK Constitutional Law Group Over the past few months, a heated debate about the role of the Constitution in Chinese political life has emerged. This debate comes in the wake of the 18th Party Congress and

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Published on July 17, 2013
Author:          Filed under: Analysis
 
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Striking Down Austerity Measures: Crisis Jurisprudence in Europe

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights. Although Portugal’s introduction to the European Union in 1986 has gradually diminished the strong

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Published on June 25, 2013
Author:          Filed under: Developments
 
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Says Who?

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law Just in time for my post on symbols, the New York Times picks up the topic as well. So this is page A1 news! Of course, the underlying issue—the treatment of religious

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Published on June 23, 2013
Author:          Filed under: Analysis
 
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A Coat of Many Colors

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law In this post, I want to pick up some of the themes I alluded to in my first post and respond to Marc’s observations here and Mark’s observations here. The title of this

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Published on June 15, 2013
Author:          Filed under: Analysis
 
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

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Published on June 10, 2013
Author:          Filed under: Analysis