magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Articles posted by dlaw (Page 4)
formats

Canadian Supreme Court decision in Khadr handed down

For those following the Khadr case (previously discussed here), the Supreme Court of Canada has handed down its decision. To recap, Khadr is a Canadian citizen who was captured by the U.S. as a teenager and has been tortured in the course of his indefinite detention without trial at Guantanamo Bay. He has been fighting

Read More…

Published on January 30, 2010
Author:          Filed under: Canada, David Law, Guantanamo Bay, hp, Supreme Court of Canada
 
formats

The ECHR and ethnic discrimination in the Bosnia and Herzegovina constitution

The European Court of Human Rights had a holiday gift for Bosnia and Herzegovina’s smaller minority groups today. The story is widely reported; Deutsche Welle has coverage here. The court ruled that provisions of the country’s post-conflict constitution are discriminatory in violation of the European Convention on Human Rights. The suit in question, Sedjic and

Read More…

 
formats

The ECHR and the new Swiss constitutional ban on minarets

The decision by Swiss voters, by a 57.5% margin, to ratify a constitutional amendment backed by nationalist parties that bans the construction of new minarets is not a proud moment for Switzerland. It is hard to see what motivation could lie behind popular ratification of the amendment except old-fashioned religious prejudice. Perhaps precisely for this

Read More…

 
formats

Supreme Court of Canada v. detention of juveniles at Guantanamo Bay

Today the Supreme Court of Canada heard oral argument in Prime Minister of Canada et al. v. Omar Ahmed Khadr. Slate’s Dahlia Lithwick (a fellow Canadian, if I am not mistaken) has a very nice story about it here. In a nutshell, the Canadian Supreme Court is being asked to clean up the legal mess

Read More…

 
formats

The European Court of Human Rights says no to crucifixes in Italian classrooms

Short version of Lautsi v. Italy: an Italian mother of Finnish origin has two children in school. The classrooms in which her children are instructed have crucifixes prominently displayed. She unsuccessfully petitions the government to have them removed before seeking relief from the European Court of Human Rights. The court awards her 5,000 euros in

Read More…

 
formats

Constitutional convergence, international law, and … local government law?

Wherever there is government, there is by definition also constitutional law, in the sense of a set of legal rules, practices, and institutions that define and allocate public power. Everyone knows that constitutional law is not a phenomenon that occurs exclusively at the nation-state level. But that does not mean we are always mindful of

Read More…

 
formats

Why constitutional theory needs to be comparative and international

What’s wrong with mainstream constitutional theory? Among other things, it is neither comparative nor international, at a time when other countries and the international legal regime are in need of constitutionalization and might actually benefit from some applied theory. Here’s a rundown of the argument, with thanks to both the Constitution in 2020 and Balkinization

Read More…

Published on September 18, 2009
Author:          Filed under: constitutional theory, David Law, hp
 
formats

The Japanese Election: Much Ado About Very Little?

It’s rare for Japanese politics to get a lot of attention in the Western media, but this was admittedly no ordinary election. The Democratic Party of Japan (DPJ)’s trouncing of the Liberal Democratic Party on August 30 made the front page of the New York Times, the Washington Post, and so forth. The cover of

Read More…

 
formats

More on the election campaign against conservative justices in Japan

As promised, Colin Jones has an interesting update on the public campaign to unseat a pair of sitting Supreme Court justices in the upcoming Japanese election. Thus far, in a nutshell, a retired Supreme Court justice is calling for the election defeat of two of his former colleagues in an advertising campaign that expressly uses

Read More…

 
formats

When Supreme Court justices attack … each other

Imagine if Justice O’Connor were to sponsor a full-page advertisement in the New York Times calling for the impeachment of her former colleague, Justice Kennedy, because she disagrees with the positions he has taken on some issue–say, voting rights. Hard to imagine, right? Now try to imagine something like that happening in Japan, where it

Read More…