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I·CONnect

Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 107)
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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
 
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The British American Colonies and Comparative Subnational Constitutionalism

—Scott Douglas Gerber, Professor of Law, Ohio Northern University My most recent academic book is A Distinct Judicial Power:  The Origins of an Independent Judiciary, 1606-1787 (Oxford University Press, 2011).[1]  That book is the first comprehensive analysis of the origins of judicial independence in the United States.  Part I examines the political theory of an

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Published on May 26, 2013
Author:          Filed under: Analysis
 
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Showing Germans the Light

–Or Bassok, Tikvah Scholar, NYU School of Law Conferences in the US on German public law often digress into an attempt by Americans scholars to show their German counterparts the scholarly “light.” The recipe has several variations.[1] According to the milder version, German public law scholarship fails to give an adequate account of reality when it

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Published on May 22, 2013
Author:          Filed under: Analysis
 
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Four Models of Politicized Judicial Selection

—Richard Albert, Boston College Law School Judges on national courts of last resort are generally appointed in politicized processes. Judicial selection is politicized when the choice rests on popular consent mediated in some way through elected representatives. We can identify four major models of politicized judicial selection in constitutional states: (1) executive unilateral appointment; (2)

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Published on April 21, 2013
Author:          Filed under: Analysis
 
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Differencing Same-Sex Marriage

–Russell Miller, Washington & Lee University School of Law, Co-Author, The Constitutional Jurisprudence of the Federal Republic of Germany (2012), Co-Editor-in-Chief, German Law Journal As a comparative lawyer it is tempting to see a once-in-a-generation convergence of American and German constitutional law on what many regard as the era’s foremost civil rights issue:  same-sex marriage. 

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Published on April 19, 2013
Author:          Filed under: Developments
 
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The End of Liberal Constitutionalism in Hungary?

–Gábor Halmai, Professor of Law, Eötvös Lóránd University (Budapest) and Visiting Research Scholar, Princeton University Last month, on March 11, the Hungarian Parliament voted on the fourth amendment to the the country’s 2011 constitution which has moved many statutory provision into the constitution despite Constitutional Court rulings striking them down and the European Union, the

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Published on April 17, 2013
Author:          Filed under: Developments
 
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Book Review/Response: Claudia Haupt and Markus Thiel on Church and State in Germany and the United States

[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Markus Thiel reviews Claudia Haupt’s recently-published book Religion-State Relations in the United States and Germany: The Quest for Neutrality. Claudia Haupt then responds to Markus Thiel’s review.] —Markus Thiel, Professor of Public Law, University of Applied Sciences for Public Administration North Rhine-Westphalia, Cologne, and Associate

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Published on April 15, 2013
Author:          Filed under: Reviews