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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 114)
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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
 
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America

—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court. I’ll summarize just one

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Published on January 9, 2013
Author:          Filed under: Analysis
 
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The New Framework Agreement between the Philippine government and the Moro Islamic Liberation Front

—Anna Su, S.J.D. Candidate, Harvard Law School, A new Framework Agreement between the Philippine government and the Moro Islamic Liberation Front was signed with much rejoicing and fanfare last October 15. To be sure, the Framework Agreement is not yet a peace agreement. In fact, a significant chunk of the agreement concerns the formulation of

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Published on January 7, 2013
Author:          Filed under: Analysis
 
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An Occasion to Rethink American Presidential Succession

United States Senator Daniel Inouye passed away last week on December 17. Senator Inouye was the senior member of Hawaii’s congressional delegation, a World War II hero, the first Japanese-American to hold office in Congress, and one of the longest-serving senators in American history. He was 88 years old. Senator Inouye’s sad death presents a

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Published on December 28, 2012
Author:          Filed under: Developments
 
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Canada Upholds Anti-Terrorism Law

—Richard Albert, Boston College Law School Today, the Supreme Court of Canada issued its long-awaited ruling on the Anti-Terrorism Act passed by Parliament in the aftermath of the terrorist attacks on the United States on September 11, 2001. Writing for a unanimous panel in two interrelated cases, Chief Justice Beverley McLachlin upheld the controversial anti-terrorism

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Published on December 14, 2012
Author:          Filed under: Developments
 
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In Memoriam: Chief Justice Arthur Chaskalson

—Brian Ray, Cleveland-Marshall College of Law, Cleveland State University Arthur Chaskalson, the first President and Chief Justice of the South African Constitutional Court died on December 1, 2012.  Many have highlighted the remarkable and courageous role he played in the anti-apartheid movement, including his defense of Nelson Mandela and others during the infamous Rivonia trials. The

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Published on December 9, 2012
Author:          Filed under: Developments