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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 107)
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The Future of the Canadian Supreme Court

Last week, Canada entered its 41st federal election. Voters will head to the polls in a few weeks on May 2. The contest will pit the incumbent Conservative Party, which held a minority in the last Parliament, versus the four major opposition parties: the Liberal Party, the separatist Bloc Québécois, the New Democratic Party, and

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Published on April 2, 2011
Author:          Filed under: hp, judicial appointments, Richard Albert, Supreme Court of Canada
 
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The Indian Supreme Court and the Government of Pakistan

In a recent judgment issued just last week (Gopol Dass thr. Brother Anand Vir vs. Union of India & ANR, writ petition No. 16 of 2008), the Supreme Court of India addressed its decision directly to the Government of Pakistan. Speaking on behalf of an Indian citizen imprisoned in Pakistan since 1984, the Indian Supreme

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Published on March 20, 2011
Author:          Filed under: hp, Pakistan, Richard Albert, Supreme Court of India
 
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French Court Affirms Ban on Gay Marriage

Yesterday, the French Constitutional Council upheld a law prohibiting gay marriage. The ruling appears to be as much about the institutional relationship between courts and legislatures in France as it is about marriage itself. In its short decision, the Constitutional Council made two points of note. First, the bundle of family rights preserved in the

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Published on January 29, 2011
Author:          Filed under: France, gay marriage, hp, Richard Albert
 
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Three Modalities of Comparison: Arizona’s Exceptionalism?

For comparativists, South Africa is a gold mine. It offers comparative law scholars a rich repository of judgments that often develop in exquisite detail instructive comparisons between and among states. Of course, this is not a matter of happenstance. South Africa’s constitutional text actually commands courts to compare in some instances and also invites courts

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Published on January 22, 2011
Author:          Filed under: Arizona, constitutional amendment, hp, Richard Albert, south africa
 
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A Comparativist Joins the German Constitutional Court

The Federal Constitutional Court of Germany will welcome a new judge in 2011: Prof. Dr. Susanna Baer, an enthusiastic comparativist whose work probes a number of fields including human rights, gender equality, law & religion, and legal theory. Baer, who most recently held a professorship at the Humboldt University Berlin, has written a number of

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Published on January 9, 2011
Author:          Filed under: Federal Constitutional Court of Germany, Germany, hp, Richard Albert
 
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On this Day in the History of Comparative Constitutional Law

Forty-two years ago today in 1969, Canada bade farewell to Ivan Rand, a former Associate Justice of the Canadian Supreme Court, who passed away at age 84. In his judgments, Rand made frequent and effective use of foreign legal and constitutional materials to decide matters of purely domestic law. He was an early advocate of

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Published on January 3, 2011
Author:          Filed under: hp, Ivan Rand, Richard Albert, Supreme Court of Canada
 
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American Miranda Rights in Canada

In a judgment that is certain to breed controversy, the Supreme Court of Canada ruled yesterday that the Charter of Rights and Freedoms “does not mandate the presence of defence counsel throughout a custodial interrogation” (R. v. Sinclair, 2010 SCC 35, para. 2). Already, the Court’s 5-4 judgment has attracted criticism from several corners of

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Published on October 9, 2010
Author:          Filed under: Criminal Law, hp, Richard Albert, Supreme Court of Canada
 
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A Canadian at Guantanamo Bay

Yesterday, the United States Supreme Court denied the request of Omar Khadr to block his military commission trial at Guantanamo Bay. Khadr is a 23 year-old Canadian citizen whose prosecution arises from acts he is alleged to have committed as a 15 year-old in Afghanistan. The Government of Canada, at the direction of Prime Minister Stephen

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Published on August 7, 2010
Author:          Filed under: hp, Omar Khadr, Richard Albert, Stephen Harper, Terrorism; Guantanamo Bay
 
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The Legal Status of the Queen in Canada

Canada is constitutional monarchy, a term which refers to a system of government headed by a monarch whose actions are both constrained and compelled by a constitution. The monarch in Canada is the Queen. The Constitution Act of 1867 says so expressly and the Constitution Act of 1982 affirms it implicity. But the question that

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Published on June 15, 2010
Author:          Filed under: Canada, Constitutional Monarchy, hp, Queen, Richard Albert
 
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2010 Annual Meeting of the Law & Society Association

The Comparative Constitutions Blog will be well represented this week at the Law and Society Association‘s Annual Meeting, held in Chicago’s Renaissance Hotel. Here is a quick reference guide for those attending what promises to be fascinating conference: Tom Ginsburg Chair/DiscussantSession: Constitutional Law and Judicial Review in AsiaFriday, May 28, 10:15am-12:00pm Author: How Do International

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Published on May 26, 2010
Author:          Filed under: hp, Law and Society Association;, Richard Albert