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
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
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
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
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
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
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
“Allah” and “God” in Malaysia
On New Year’s eve, the Malaysian High Court reportedly ruled that the Catholic Church may lawfully use the term “Allah” to refer to “God.” The judgment is not yet available on the High Court’s website but useful reports are available at the Jurist, on the BBC, and in Time Magazine. In the aftermath of the
Comparative Constitutional Law Events at the 2010 AALS Annual Meeting
I am looking forward to attending the 2010 AALS Annual Meeting, held this year in New Orleans, starting today, January 6, and running until Sunday, January 10. For the convenience of readers, I have taken a moment to look through the program to highlight the comparative constitutional law events on offer at the AALS. All events,
Indo-Pakistani Constitutional Convergence?
The distinctions in constitutional structure between India and Pakistan—not to mention their differences in political culture—are as sharp as they are numerous. To name but a few, India is a federal state tending toward decentralization in a parliamentary system whose constitution proclaims its commitment to secular democracy. In contrast, Pakistan is a federal state with
