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Blog of the International Journal of Constitutional Law
Home Articles posted by Richard Albert (Page 97)
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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
 
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The Illusion of the Romanian Constitution?

—Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law On July 29th, 2012, over 8 million Romanian citizens (i.e. over 46% of the electoral records) voted in the referendum organized for the dismissal of the President. More than 87% voted in favor of the dismissal. On August 29th, 2012, some Western powers expressed their satisfaction

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Published on December 7, 2012
Author:          Filed under: Analysis
 
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Egypt’s Constitutional Crisis is Far from Over

—Jill Goldenziel, Lecturer on Government and Social Studies, Harvard College and Lecturer in Law, Boston University School of Law On Sunday’s episode of the riveting drama, “Constitutional Crisis in Egypt,” the Supreme Constitutional Court postponed its ruling on the legitimacy of the constituent assembly that hurriedly completed a draft of the new Egyptian Constitution. The judges claimed

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Published on December 5, 2012
Author:          Filed under: Developments, New Voices
 
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Constitution-Making in Turkey: Towards a Presidential System?

—Ozan Varol, Assistant Professor, Lewis & Clark Law School Although recent academic and popular commentary on constitution-making has largely focused on the constitutional transitions in progress across the Arab World, I wanted to take this opportunity to update the I•CON community on the constitution-drafting process currently underway in Turkey.  In this post, I will provide

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Published on December 3, 2012
Author:          Filed under: Developments
 
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Awful Process, Terrible Ending and (Most likely) Disastrous Results

—Andrew Arato, Dorothy Hart Hirshon Professor of Political and Social Theory, The New School No serious interpreter has claimed that the Egyptian constitution-making process has been satisfactory or even adequate. Even in the context of revolutionary populist constitution making to which this case belongs, the Egyptian version is distinguished by its inconsistencies and idiosyncrasies. In revolutions,

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Published on November 29, 2012
Author:          Filed under: Developments
 
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Tunisian Constitutionalism and Women’s Rights

—Adrien K. Wing, Bessie Dutton Murray Professor of Law, University of Iowa College of Law The world was in shock and awe in the winter of 2010 when Tunisia, a small North African country, was able to remove its twenty-three-year leader President Zine El Abedine Ben Ali from power in less than a month—and with

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Published on November 28, 2012
Author:          Filed under: Analysis