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Blog of the International Journal of Constitutional Law
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South African Art Controversy, and International Law Ruling

South Africa is currently preoccupied with a controversy regarding a painting of its President that is on display in a gallery. The painting appears to show President Zuma in a Lenin-like pose with his genitals hanging out of his pants. Zuma has sought a court injunction banning display of the painting because it supposedly insults

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Published on May 25, 2012
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Update on South African Socio-Economic Rights Jurisprudence

In recent years, there has been concern that the South African Constitutional Court has been retreating from its innovative socio-economics rights cases. In the most infamous case, Mazibuko, the Court in 2010 was very deferential towards the government in upholding a new problematic water distribution policy for some poor residential communities. Yet last December, the

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Published on March 11, 2012
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Troubling South African Chief Justice Nomination

South African President Jacob Zuma has nominated the most conservative Justice on the South African Constitutional Court to be Chief Justice. Justice Mogoeng Mogoeng unfortunately has a troubling record to lead a Court that is supposed to bring about transformation in the nation. He issued a decision as a lower court judge that substantially removed

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Published on August 30, 2011
Author:          Filed under: hp, Mark Kende
 
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South African Threats to Freedom of Expression

South African Professor of Law Pierre de Vos has an excellent blog posting on a frightening piece of legislation there seeking to ensure many South African government-connected institutions classify or prevent the release of documents that have even the most tangential relationship to national security. http://constitutionallyspeaking.co.za/let-me-tell-you-a-secret/ Unfortunately, this is just another example of the South

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Published on June 20, 2011
Author:          Filed under: hp, Mark Kende
 
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Ecuador’s Courts; U.S. Constitutionalism

This post addresses two very distinct but interesting issues. ECUADOR: First, there is a fascinating article in the New York Times regarding the problems with Ecuador’s legal system. It deals with Chevron’s attempt to resist enforcement of a large judgment by attacking the nation’s legal system. Without addressing Chevron’s underlying conduct, what is especially troubling

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Published on May 24, 2011
Author:          Filed under: hp, Mark Kende
 
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South African legal conflicts

Two significant conflicts are taking place that implicate the South African Constitution. First, as the New York Times reported yesterday, one of the African National Congress’ most important young leaders is on trial for engaging in hate speech: http://www.nytimes.com/2011/05/01/world/africa/01southafrica.html Julius Malema used the term “Shoot the Boer” from an Apartheid protest song. My understanding is

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Published on May 2, 2011
Author:          Filed under: hp, Mark Kende
 
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Chess and French privacy issue.

A French chess player, and two confederates, have been found guilty of cheating at the recent world chess olympiad in a scheme that involved use of the Internet, use of a very strong computer chess program, use of a cell phone, as well as coded signals by the team captain (based on where he stood

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Published on April 4, 2011
Author:          Filed under: hp, Mark Kende
 
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Paris Defamation Case and More

A French court has ruled in favor of Professor Joseph Weiler of NYU Law School, in the troubling defamation case brought against him, for his role in allowing the publication of a book review that actually contained some criticisms. http://www.sciencepresse.qc.ca/blogue/2011/03/04/juriste-joseph-weiler-confirme-defense-liberte-parole-scientifique-intellectuelle There is a very interesting French comparative constitutional law research institute: http://www.gdc.cnrs.fr/site/index.php?option=com_content&task=view&id=29&Itemid=46 For example, it

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Published on March 4, 2011
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The French Connection

I am about to spend a month teaching comparative constitutional rights at the Univ. Paris II Institute for Comparative Law and have been reading a lot of material related to French constitutional law, as well as about French attitudes towards U.S. constitutional law. I thought I would highlight some great new books. First, Professor Martin

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Published on February 11, 2011
Author:          Filed under: hp, Mark Kende
 
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Egyptian developments

President Mubarak has announced he will step down, supposedly in accordance with constitutional procedures in September. http://www.cnn.com/2011/WORLD/africa/02/01/egypt.protests/index.html?hpt=T1&iref=BN1 Many protesters, however, find this to be inadequate. Meanwhile some opposition figures assert they will help develop a drafting process for a new constitution. For a provocative recent paper discussing the disadvantages of group drafting of a constitution

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Published on February 1, 2011
Author:          Filed under: hp, Mark Kende