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Blog of the International Journal of Constitutional Law
Home Articles posted by rhirschl (Page 3)
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UKSC rules on Jewish school admission criteria

As the New York Times and other media outlets report, on Wednesday, Dec. 16 the newly established UKSC released its landmark ruling in a case involving apparently discriminatory admission criteria by a Jewish school in North London. According to the traditional Orthodox Judaism definition, a person may be recognized as Jewish only if his or

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Published on December 17, 2009
Author:          Filed under: Israel, Ran Hirschl, religion, United Kingdom
 
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Turkey’s Constitutional Court bans pro-Kurdish party

Under the 1982 Turkish Constitution, Turkey’s Constitutional Court – a stronghold of Kemalist-statist interests and an active defender of Turkey’s militant secularism – is vested with the power to order the closure of political parties whose agenda is found to be “in conflict with the indivisible integrity of the State with its territory and nation,

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Published on December 12, 2009
Author:          Filed under: European Convention on Human Rights, Ran Hirschl, Turkey
 
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A Win for Wal-Mart, in Canada of All Places

Last week I wrote here about a landmark anti-privatization ruling by the Supreme Court of Israel. But those who thought the days of pro-business, neo-liberal jurisprudence were over, got a sobering reality check reminder last Friday, courtesy of the Supreme Court of Canada. A few years ago, the workers in a Wal-Mart store in the

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Published on November 29, 2009
Author:          Filed under: Canada, Labor rights, Ran Hirschl
 
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Israeli Supreme Court says Privatized Prisons Unconstitutional

Until the early-1980s, Israel’s economy was one of the most centralized in the non-communist world. Over the last two decades, it has undergone considerable liberalization that at times amounted to a local version of an all-out Thatcherite neo-liberalism. During much of the 1990s, the Supreme Court was quite cooperative, granting property rights an elevated constitutional

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Published on November 21, 2009
Author:          Filed under: Israel, privatization, Ran Hirschl
 
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Canadian Language Wars (yet again)

Canada is arguably one of the world capitals when it comes to language rights jurisprudence. The fundamental disagreements concerning the preferential status of French in Quebec vis-à-vis Canada’s commitment to bilingualism have been a perennial bone of constitutional contention over the last 30 years. The formal status of English and French, as well as minority

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Published on October 23, 2009
Author:          Filed under: Canada, Language rights, Ran Hirschl
 
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Quiet ending (for now) to the debate over judicial appointments in Israel

A couple of weeks after Justice Sotomayor’s nomination to the U.S. Supreme Court was confirmed, another, longer and more intense struggle over judicial appointments has reached its quiet ending, with the appointment of three new justices to the Supreme Court of Israel. Israel is arguably one of the prime examples of what I have termed

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Published on September 3, 2009
Author:          Filed under: hp, Israel, judicial appointments, Ran Hirschl
 
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The Continental Divide Writ Small

One of the interesting phenomena in North American constitutionalism is the subtle duet of convergence alongside enduring divergence in the constitutional law and practice of the United States and Canada. The border between the two countries is often described as the longest friendly border in the world. Over 1 billion dollars worth of goods cross

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Published on August 23, 2009
Author:          Filed under: abortion, Canada, extradition, hp, Ran Hirschl, United States
 
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Israel’s equality in education

Equality in education continues to be a main issue in the ongoing political and culture wars within Israeli society. On August 6, the Supreme Court of Israel, seating as High Court of Justice released an important ruling in a case dealing with a clash between the right to sectarian autonomy in education, and equality rights.

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Published on August 12, 2009
Author:          Filed under: education, equality rights, hp, Israel, Ran Hirschl
 
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Symposium on constitutional design

A very interesting symposium issue of the Texas Law Review (June 2009) has just been published. It deals with the theory and practice of constitutional engineering and is aptly entitled “What, if anything, do we know about constitutional design?” The symposium issue includes fourteen articles by such luminaries as Sanford Levinson, Mark Tushnet, John Ferejohn,

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Published on August 7, 2009
Author:          Filed under: constitutional design, hp, Ran Hirschl
 
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Pakistan’s constitutional war continues

First off, these are no doubt good times for the comparative study of constitutions. A blog devoted to comparative constitutional law and courts would have been a near-fantasy merely a decade ago. More than anything else, its establishment reflects the growing interest and tremendous advancement in the comparative study of law and courts over the

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Published on August 1, 2009
Author:          Filed under: constitutional politics, hp, Pakistan, Ran Hirschl