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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 105)
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The Unamendable Corwin Amendment

—Richard Albert, Boston College Law School Article V entrenches rules to formally amend the United States Constitution. It has been used to make and memorialize many democratic advances since the country’s founding, from the First Amendment’s protections for speech and religion, to the Fourteenth Amendment’s guarantee of equality, to the Twenty-Sixth Amendment’s expansion of the

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Published on February 27, 2013
Author:          Filed under: Analysis
 
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Book Review: Jeremy Waldron’s “The Harm in Hate Speech”

—Raphael Cohen-Almagor, University of Hull, reviewing Jeremy Waldon, The Harm in Hate Speech (Harvard University Press 2012) In Political Liberalism, John Rawls asserts that no society can include within it all forms of life. He explains that intolerant religions will cease to exist in well-ordered societies. Coercive religions that demand the suppression of other religions, that insist upon

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Published on February 25, 2013
Author:          Filed under: Reviews
 
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The Modern Liberum Veto

—Richard Albert, Boston College Law School For many, the bête noire in the United States Constitution is Article V. Sanford Levinson says that it “brings us all too close to the Lockean dream (or nightmare) of changeless stasis.” Bruce Ackerman calls it an “obsolescent obstacle course.” And Donald Boudreaux and A.C. Pritchard describe it as

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Published on February 21, 2013
Author:          Filed under: Analysis
 
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The First Amendment’s Global Dimension

—Timothy Zick, William & Mary Law School In my forthcoming book, The Cosmopolitan First Amendment (Cambridge Univ. Press, 2013—Part I of the book is available here), I discuss the manner in which the First Amendment’s various guarantees relate to and intersect with international borders.  The book takes an extended and systematic look at what might

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Published on February 19, 2013
Author:          Filed under: Analysis
 
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Constitutional Text and Political Reality in China

—Richard Albert, Boston College Law School The New York Times recently published an interesting article on the Chinese Constitution. As the article reports, Chinese reformers are lobbying the government to live up to the commitments entrenched in the Constitution. These reformers see a disjuncture between the constitutional text and political reality in China, and they want

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Published on February 6, 2013
Author:          Filed under: Analysis
 
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The First Haitian Constitution

—Richard Albert, Boston College Law School As we follow Haiti’s slow march toward democracy in the news, media reports often highlight that Haiti is the poorest nation in the western hemisphere and the world’s first independent black republic. Yet what is often if not always missing is this: Haiti adopted one of the first written

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Published on January 21, 2013
Author:          Filed under: Analysis
 
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Toward a New European Abortion Constitutionalism?

—Ruth Rubio Marin, European University Institute Modern constitutionalism, born at the end of the 18th century with the French and American Revolutions, is a historically grounded venture. At the time, women did not enjoy civil equality, their freedom being largely dependent on their marital status, nor political citizenship–female enfranchisement not becoming a widespread reality until

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Published on January 15, 2013
Author:          Filed under: Analysis
 
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Fiji’s Continuing Constitutional Crisis

—Richard Albert, Boston College Law School In the latest twist in Fiji’s continuing constitutional crisis, the Fijian military government has rejected the new draft constitution proposed by the Constitution Commission. It is believed that the military rejected the draft constitution because the draft proposed dramatically to curb the powers of the military. The military government has pledged to

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Published on January 13, 2013
Author:          Filed under: Developments
 
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International Arbitration and the Transformation of Comparative Law

—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state.  While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.  The historical idea, encapsulated in the PCIJ’s

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Published on January 12, 2013
Author:          Filed under: Analysis
 
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Clapper v. Amnesty International: Still Trying for a Day in Court

—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs.  Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing

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Published on January 11, 2013
Author:          Filed under: Developments