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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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Indigenous Peoples’ Rights and the “Common Good”

—Armi Beatriz E. Bayot, University of Oxford Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] A recent report by the Food and Agriculture Organization (FAO) of the United Nations shows that the indigenous peoples of Latin America are

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Published on April 14, 2021
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Implementing Constitutional Gender Quotas: A Kenyan Perspective

— Mumbi Gathoni, Advocate of the High Court of Kenya On 21st September 2020, the Chief Justice of Kenya (now retired) advised the President of the Republic of Kenya to dissolve Parliament for its failure to adhere to the Constitutional requirement that not more than two-thirds of members of legislative bodies shall be of the

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Published on March 25, 2021
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Beyond Oversight. Advancing Societal Constitutionalism in the Age of Surveillance Capitalism

— Angelo Jr Golia, Senior Research Fellow, Max Planck Institute for Public Comparative Law and International Law, Heidelberg. Facebook’s Oversight Board (OB) has sparked great interest in an already rich debate over the constitutionalisation digital spaces. The establishment of a non-state adjudicator with jurisdiction over the freedom of speech exercised on FB (2.8 billion monthly

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Published on March 5, 2021
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The Straw that Broke the Back of the Constitution? When Quantity Transforms to Quality

—Yaniv Roznai, IDC Herzliya, Harry Radzyner Law School* On October 27, 2020, an extended bench of the Israeli Supreme Court held a hearing in HCJ 2905/20 et al. Regarding the Basic Law: Government, Amendment No. 8 and the Temporary Order (the Alternation of Government), a hearing that was broadcast live. One argument that came up

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Published on February 27, 2021
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Symposium |Constitutional Struggles in Asia | Part V | Determining What is ‘Thai’: Thailand’s Constitutional Court and Identity Polarisation

[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part V of a five part series, in addition to the Introduction.] — Rawin Leelapatana (Faculty of Law, Chulalongkorn University) and Suprawee Asanasak (Faculty of Law, Thammasat

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Published on February 25, 2021
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The Historian of the Future in Brazilian Democracy: The Challenges of Interpreting and Comparing Events of Our Own Time

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] For a Brazilian, the prospect of Trump winning the US presidential elections in 2020 could mean that Brazil, with

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Published on February 24, 2021
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Symposium |Constitutional Struggles in Asia | Part IV | The Hong Kong National Security Law: Challenging Constitutionalism in Hong Kong and Abroad

[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part IV of a five part series, in addition to the Introduction.] — Eva Pils, The Dickson Pool School of Law, King’s College London On 30 June

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Published on February 23, 2021
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Symposium |Constitutional Struggles in Asia | Part III | Thin but Resilient Constitutionalism in Japan?

[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part III of a five part series, in addition to the Introduction.] — Akiko Ejima, School of Law, Meiji University, Tokyo, Japan Introduction: 75-year-old Constitution without amendment?

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Published on February 22, 2021
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Symposium |Constitutional Struggles in Asia | Part II | Political Cartels and the Judicialization of Authoritarian Politics in Indonesia

[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part II of a five part series, in addition to the Introduction.] —Herlambang P. Wiratraman, Faculty of Law, Airlangga University The Context The recent rise of authoritarianism

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Published on February 21, 2021
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Symposium |Constitutional Struggles in Asia | Part I | Drifting Between Democracy and Despotism in Sri Lanka

[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This is part I of a five part series, in addition to the Introduction.] — Mario Gomez, Executive Director, International Centre for Ethnic Studies, Sri Lanka Sri Lanka once

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Published on February 20, 2021
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