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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 106)
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Bilingualism on the Supreme Court of Canada

Should Canadian Supreme Court justices be bilingual? That question is the latest battleground in the enduring debate on language rights and representation in Canada. The Supreme Court Act requires that at least three of the nine Canadian Supreme Court Justices come from Quebec, which has historically been the heart of Canada’s French-speaking community. Justices from

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Dueling Interpretations of American Law on the Canadian Supreme Court

Yesterday, the Canadian Supreme Court issued a 4-3 ruling in R. v. Morelli, a controversial case concerning whether a search warrant for a personal computer had been issued pursuant to defective information. The majority concluded that the authorities had obtained the search warrant on the basis of misleading, inaccurate, and incomplete information. The result was

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Published on March 20, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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Prime Minister Berlusconi vs. The Constitutional Court

Italian Prime Minister Sylvio Berlusconi has won the latest round in his continuing battle versus the Constitutional Court. Although his recent victory is far from decisive in the larger view, the Prime Minister has scored a significant point that will give him a much needed reprieve. Return for a moment to October 2009. It was

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Published on March 14, 2010
Author:          Filed under: hp, Italy, Richard Albert, Sylvio Berlusconi
 
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When Should Supreme Court Judges Retire?

India is the latest state to debate the proper age at which Supreme Court justices should retire. At present, Indian Supreme Court Justices retire at age 65. The current proposal would raise the age of retirement by three years to 68. The Government of India, speaking though the Minister for Law, Justice and Company Affairs, has

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Published on March 1, 2010
Author:          Filed under: hp, India, retirement, Richard Albert, Supreme Court justices
 
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Prelude to the End of Mandatory Minimums in Canada?

On Friday, the Supreme Court of Canada may have signaled the imminent demise of mandatory minimum sentences. In Nasogaluak, a unanimous Court expressed deep reservations about the current sentencing regime in Canada. Earlier, the Court of Appeal had declared that sentencing judges were bound by the statutorily prescribed mandatory minimum sentences, and therefore could not

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Is the Filibuster a Constitutional Convention?

Jake Tapper, ABC’s Senior White House Correspondent, reported yesterday that momentum is building behind the effort to change the current United States Senate rules which authorize the use of the filibuster. The filibuster is a procedural device whose consequence is to require supermajority support in order to vote on a legislative proposal. Some, notably Senator

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Summer Programs in Comparative Constitutional Law

As the summer season approaches, so too are deadlines for enrolling in summer law school programs.  For students interested in comparative constitutional law, here is a useful list of summer law school programs in comparative and international law.  Let me highlight just a few options for students: Howard University School of Law’s Comparative and International Law

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Published on February 6, 2010
Author:          Filed under: education, hp, Richard Albert, summer law programs
 
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Renewing the Upper Chamber in Canada

The Canadian Prime Minister has recently appointed a slate of five new Senators to the Upper Chamber. Two things are significant about this latest round of Senatorial appointments. First, the governing Conservative Party now holds a plurality of seats in the Senate after spending years in the wilderness of minority status. Second, the prospect that the

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Published on February 2, 2010
Author:          Filed under: Canada, constitutional design, hp, Richard Albert, Senate of Canada
 
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Competing Models of Democracy in Canada and the United States

A few years ago, Michael Adams illuminated the many ways in which the United States and Canada are hardening in their views on civil society, culture, and politics. Entitled “Fire and Ice,” the book marshals an encyclopedic volume of data to show that Canada retains its own distinct identity—one that remains vibrant and strong despite

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Published on January 25, 2010
Author:          Filed under: campaign finance; election, Canada, hp, Richard Albert, United States
 
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Recent Scholarship on Comparative Constitutional Law

Four recent papers, each one excellent, merit the attention of readers with an interest in comparative constitutional law. The first, Studying Japanese Law Because It’s There, is an essay by Tom Ginsburg, my colleague here at the Comparative Constitutions Blog. Recently published in the American Journal of Comparative Law, this very important paper states in

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