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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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Election Anxiety: The Other Global Pandemic

—Andrea Scoseria Katz, Washington University in St. Louis, School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On Monday, three days before Thursday’s televised encounter between U.S. presidential candidates Donald Trump and Joe Biden, the nonpartisan Commission on Presidential

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Published on October 21, 2020
Author:          Filed under: Analysis
 
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Losing the Battle to Win the War: Judicial Self-Empowerment Through Maxi-Minimalism

—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On September 26, 2020, President Donald Trump announced Judge Amy Coney Barrett as his nominee to the United States Supreme Court to fill the seat occupied by

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Published on October 7, 2020
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The Centennial of the Austrian Federal Constitution

—Prof. Dr. Anna Gamper, Universität Innsbruck Amidst the Corona crisis, constitutional jubilees may be expected to pass rather undetected. A centennial, however–which the Austrian Federal Constitution celebrates today–is a noteworthy event even in troubled times. It demonstrates the endurance of a constitution that did not only survive authoritarian and totalitarian regimes, but has so far

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Published on October 1, 2020
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Bureaucracy and Vulnerability in the (Digital) Administrative State

—Sofia Ranchordas, University of Groningen [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] President Ronald Reagan famously said, “The nine scariest words in English are: “I’m from the Government and I’m here to help.” This statement, intended as a joke, translates

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Published on September 9, 2020
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The Other Side of the Party Fragmentation Paradox in Brazil: A Re-Election Booster?

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development In my previous post “The Party Fragmentation Paradox in Brazil: A Shield Against Authoritarianism”, I argued that, paradoxically, party fragmentation may “serve as a shield against radical and authoritarian intents by the executive power.” The continuous battle Brazil’s President Bolsonaro had

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Published on August 28, 2020
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Beyond Sisyphus and Hercules: Crafting Constitutionalism in Fragile Democracies in Asia

—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It is an epic tale of one of the world’s largest financial frauds.[2] Between 2009 and 2015, billions of dollars were siphoned from government-run sovereign wealth fund

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Published on August 26, 2020
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The Instrumentality of Metadata Access Regime for Suppressing Political Protests in Australia

—Genna Churches, PhD Candidate, Faculty of Law, UNSW Sydney, and Monika Zalnieriute, Senior Lecturer, School of Law, Macquarie University Australians, just like many other people around the world, are taking to the streets. What started as a few small sparks earlier in a year — Greta, school strikes, Extinction Rebellion — unraveled during Australian bushfires

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Published on August 4, 2020
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Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?

—Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and

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Published on July 30, 2020
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Constitutions, Science, and COVID: Does Constitutional Protection of Science and Health Predict Pandemic Outcomes?

—Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] Those of us who study constitutions (especially in a comparative approach) are bound to wonder about the extent to which constitutional law

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Published on July 29, 2020
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Why Replacing the Brazilian Constitution Is Not a Good Idea: A Response to Professor Bruce Ackerman

—Thomas da Rosa Bustamante, Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, Federal University of Minas Gerais; Jane Reis Gonçalves Pereira, Rio de Janeiro State University; Juliano Zaiden Benvindo and Cristiano Paixão, University of Brasília In a provocative piece that was first published in Portuguese and then in an English version on ICONnect, Professor

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Published on July 28, 2020
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