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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 106)
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The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings

Cross-posted with  permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional. Like June 26 2013, June 26 2003, was also a historic day for the LGBT

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Published on August 8, 2013
Author:          Filed under: Analysis, New Voices
 
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Why Entrench Formal Amendment Rules?

–Richard Albert, Boston College Law School Constitutional changes, both big and small, are underway in Egypt, Fiji, Tunisia and elsewhere. Constitutional designers in these and other countries face daunting challenges in dividing powers between governmental branches, balancing state prerogatives with individual rights, and managing majority-minority relations. Constitutional designers should also be particularly attentive to their

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Published on August 5, 2013
Author:          Filed under: Analysis, New Voices
 
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Liberalizing Abortion in Ireland: The New Legal Framework

–Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The new Irish Law on “Protection of life during pregnancy” acknowledges the potential risk for the pregnant woman’s life as a reason justifying abortion, and represents the greatest evolution regarding the liberalization of abortions in Ireland since the 19th century. The Act, which amended the previously

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Published on August 1, 2013
Author:          Filed under: Developments
 
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Indonesian Constitutional Court Reconsiders Blasphemy Law

–Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2012, a new case challenging the constitutionality of Indonesia’s Blasphemy Law was lodged with the Constitutional Court.[1] Since Indonesia’s transition to democracy, over 150 individuals from minority religious groups have been convicted of blasphemy. The Blasphemy Law in Indonesia confers power on the

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Published on July 30, 2013
Author:          Filed under: Analysis, New Voices
 
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One Year After: How the Romanian Constitutional Court Changed its Mind

–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law July 2012 was the scene of the most important constitutional crisis in Romania since December 1989. I explored some salient aspects of the crisis in an earlier post on this blog. One year after these events, the constitutional amendment process, initiated by the Parliament in

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Published on July 14, 2013
Author:          Filed under: Analysis
 
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Facing l’etat d’exception: The Greek Crisis Jurisprudence

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Greek courts have only recently attempted to control the Memoranda entered into between the Greek state and the European Union and IMF, which impose austerity measures on the country. This judicial self-restraint has mainly been due to the extreme severity of the financial crisis. In theory,

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Published on July 11, 2013
Author:          Filed under: Analysis
 
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Constitutional Writs as “Weapons” in Myanmar?

—Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2011, Myanmar began its transition to democracy under a civilian-military led government. The process has taken place within the framework of the 2008 Constitution and it has been followed by a range of legal and institutional reforms. One of the important features of

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Published on July 9, 2013
Author:          Filed under: Analysis
 
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Ireland Considers Move to Unicameral Parliament

—Dr. Oran Doyle, Fellow, Trinity College, Dublin The Irish Government has proposed the abolition of the upper house of Parliament, the Seanad. The Thirty-Second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 contains over 40 discrete amendments to the Constitution designed to abolish the Seanad, reconstitute the Oireachtas as a unicameral parliament, revise

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Published on July 7, 2013
Author:          Filed under: Developments
 
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Culture War in the Court: Reproductive Health Battle in the Philippines

—Anna Su, Baldy Postdoctoral Fellow, SUNY Buffalo Law School On July 9, 2013, the Philippine Supreme Court will hear oral arguments on a constitutional challenge lodged against the recently-enacted and widely-controversial Responsible Parenthood and Reproductive Health Act of 2012 (“RH Law”). Almost eleven years in the making, the new reproductive health statute unsurprisingly encountered vociferous

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Published on July 2, 2013
Author:          Filed under: Developments
 
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Canada’s Longest-Tenured Chief Justice

Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice). She

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Published on June 17, 2013
Author:          Filed under: Developments