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Blog of the International Journal of Constitutional Law
Home Articles posted by dlandau (Page 35)
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Canada’s Supreme Court upholds hate speech laws

—Carissima Mathen, Associate Professor of Law, University of Ottawa A comparative discussion of North American civil liberties invariably notes that Canada has a more limited scope of protection for freedom of expression than the United States.  Nowhere is this more evident that the treatment of hateful expression.  Since 1970, it has been a criminal offence

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Published on March 14, 2013
Author:          Filed under: Developments
 
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The Lord Cooke Project

–Joel Colon-Rios, Victoria University of Wellington, Faculty of Law The Right Honourable Lord Cooke of Thorndon (1926–2006) is widely regarded as one of the greatest New Zealand judges. He made a monumental contribution to many areas of law across more than five decades of writing, advocacy, and judging. Lord Cooke served as President of the

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Published on March 13, 2013
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Creating a Constitutional Process Design for Libya via Constitutional Amendment

—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration

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Published on March 8, 2013
Author:          Filed under: Developments
 
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In Memory – Professor Ronald Dworkin (11 December 1931-14 February 2013)

  I was fortunate to study with giants who are no longer in the physical realm: Isaiah Berlin, Jerry Cohen, Wilfrid Knapp, Geoffrey Marshall and Jack Pole. I mourned their death when they passed away. I still mourn their death as they are very much alive in my memory and soul. And now another giant

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Published on March 5, 2013
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter

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Published on February 2, 2013
Author:          Filed under: Developments
 
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Hong Kong’s Two Constitutional “Outsiders”

–Dr. P. Y. Lo, Visiting Fellow, Centre of Comparative and Public Law, Faculty of Law, The University of Hong Kong. Rosalind Dixon and Vicki Jackson’s upcoming article (available here and reviewed on this blog on 4 November 2012 here) on the phenomenon of “extraterritorial” actors interpreting a country’s constitution in the course of conducting international affairs

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Published on February 1, 2013
Author:          Filed under: Analysis
 
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The Greek Austerity Measures: Remedies Under International Law

— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law. In this post I consider a related question: What are the legal remedies that

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Published on January 30, 2013
Author:          Filed under: Analysis
 
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The Greek Austerity Measures: Violations of Socio-Economic Rights

—George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) Recently, the European Committee of Social Rights (the supervisory body of the European Social Charter) delivered two decisions on collective complaints, condemning Greece for violation of articles 10 and 12 of the Charter because of its austerity legislation enacted in 2010. (The Committee has also

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Published on January 29, 2013
Author:          Filed under: Analysis
 
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?

—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign. This is not the first

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Published on January 25, 2013
Author:          Filed under: Developments
 
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A Theory of Informal Constitutional Change in International Organizations

— Julian Arato, J.D., LL.M., NYU School of Law My thanks to Tom Ginsburg, Richard Albert, and David Landau for the opportunity to talk about my work on informal constitutional change in international organizations (IO’s) – a process sometimes called constitutional transformation, by contrast to formal constitutional amendment.  I’ll first describe my broader project, and

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Published on January 23, 2013
Author:          Filed under: New Voices