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Blog of the International Journal of Constitutional Law
Home Articles posted by mkende (Page 4)
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QUEBEC AND RELIGION

Legislation has been introduced in Quebec to ban women from covering their faces when seeking or providing provincial services. This would effectively prevent Muslim women needing such services from wearing the niquab, a veil that covers the face. Supporters argue this promotes gender equality and more open interactions between the province’s citizens. Even national liberal

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Published on March 29, 2010
Author:          Filed under: hp, Mark Kende
 
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Egypt on Female Judges

An Associated Press Report states that Egypt’s Constitutional Court has supported the right of women to serve as administrative court judges despite conservative opposition. The ruling addressed a conflict in the State Council, which is the country’s highest administrative court. According to AP, the Constitutional Court said that all citizens were equal before the law.

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Published on March 16, 2010
Author:          Filed under: Mark Kende hp
 
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German Privacy Decision

The Federal Constitutional Court in Germany has apparently reversed an anti-terror law that allowed authorities to keep information about certain telephone calls and emails for up to six months. The Court said this was a “grave intrusion” on privacy rights. 35,000 Germans supposedly joined in the appeal and the Court has ordered deletion of the

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Published on March 4, 2010
Author:          Filed under: Mark Kende hp
 
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Chinese Constitutionalism

Professor Randy Peerenboom has an important article now available on SSRN regarding Chinese constitutionalism. It’s called “The Social Foundations of China’s Living Constitution.” The URL is: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1542463Here’s the abstract: The article examines the social foundations of constitutionalism in China, focusing on constitutions as a historical response to particular events. The goal is to move beyond

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Published on February 25, 2010
Author:          Filed under: Mark Kende hp
 
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Socio-Economic Rights Resource

There is a wonderful resource for those interested in the issue of socio-economic rights in South Africa and other countries that may not be well known. It’s called the ESR Review, which stands for Economic and Social Rights in South Africa. It is produced by the University of the Western Cape Community Law Centre. It

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Published on February 22, 2010
Author:          Filed under: Mark Kende hp
 
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Canadian Religion Cases

The Supreme Court of Canada in October of 2009 issued an important freedom of religion decision in Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37. The Court rejected arguments that the Hutterites should be exempt from having photographs on their driver’s licenses. The Colony argued that the requirement violated their sincerely held religious

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Published on February 15, 2010
Author:          Filed under: Mark Kende hp
 
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Third Stage of Socio-Economic Rights

My first post showed how the South African Constitutional Court used a “reasonableness” test in assessing whether the state had met its constitutional socio-economic obligations. My second post explained that the Court recently required the government to “meaningfully engage” with vulnerable parties to try to resolve socio-economic disputes. Constitutional Court decisions, however, towards the end

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Published on February 5, 2010
Author:          Filed under: Mark Kende hp
 
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Socio-Economic Rights: The Second Stage

In a post last week, I argued that the South African Constitutional Court’s first stage of socio-economic rights decisions threaded a needle by enforcing such rights, yet accommodating separation of powers concerns. This new post discusses the second of the Court’s three stages. In this second stage, the Constitutional Court also dealt with several cases

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Published on January 28, 2010
Author:          Filed under: Mark Kende hp
 
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Three Stages of Socio-Economic Rights?

The South African Constitutional Court has issued internationally significant decisions abolishing the death penalty, legalizing same-sex marriage, and ruling that their Constitution’s socio-economic rights provision are enforceable rather than aspirational. The socio-economic rulings are among the first of their kind internationally with some exceptions (for example, India and Columbia). Yet the Constitutional Court has recently

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Published on January 22, 2010
Author:          Filed under: Uncategorized