Category: Analysis
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The Institutional Design of Brazilian Electoral Justice
–Antonio Moreira Maués, Federal University of Para During the 2022 elections, another actor stood out in Brazil in addition to the candidates and political parties: the Superior Electoral Court. Part of this prominence was due to the behavior of the President of the Republic and candidate for reelection, Jair Bolsonaro.
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Book Review: Rainer Grote, Mariela Morales Antoniazzi, and Davide Paris “Research Handbook on Compliance in International Human Rights Law” (Cheltenham, Edward Elgar 2021).
—Irene Spigno, Academia Interamericana de Derechos Humanos How to make States compliant with their legal obligations with reference to international human rights law (henceforth IHRL)? The volume edited by Rainer Grote, Mariela Morales Antoniazzi, and Davide Paris tries to give an answer to this crucial question, with important practical implications regarding the effectiveness of human rights protection, especially in consideration of the fact that one of the main weaknesses of IHRL is the lack of solid and robust mechanisms forcing States to comply with their international obligations.
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Abortion and Selective Conscientious Objection
—Teresa Violante, Friedrich-Alexander Universität Erlangen-Nürnberg [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] Universal conscientious objection in the health sector challenges the provision of legally guaranteed services, thus possibly jeopardizing the right to health of affected persons.
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The Major Questions Doctrine and the Principle of Legal Reserve: A Comparison between the U.S. and Spain
–José Ignacio Hernández G., Invited professor, Castilla-La Mancha University (Spain); Researcher, Coruña University (Spain)[1] In memory of Eduardo García de Enterría, on the centennial of his birth The modern Administrative State in the United States has sparked a debate about its constitutionality, particularly in terms of adhering to the original meaning of the Constitution.
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A Call to Constituent-Power Ethnography
—João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] That ethnography is no longer the exclusive province of anthropology is undisputed. Within a wide range of disciplines that had taken ethnographic turns, there figures what Kim Lane Scheppele defines as “constitutional ethnography,” the better-off procedure to show “how constitutions constitute.”
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Babies, Tires, and Armed Gods Woven Together: The Missing Link in Post-mortem Analysis
—João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] “Democratic decay” has become a hot topic. Leading scholars in the field engaged critically with the nature of the threats facing constitutional democracies today, including climate change, religious fundamentalism, globalization, and populism.
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The Indian Constitution through the Lens of Power – I: The Union and the States
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In his book, Latin American Constitutionalism, Roberto Gargarella calls upon scholars of constitutional law to focus upon the “engine room” of the Constitution: i.e.,
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Self-healing Constitutions
—Bryan Dennis G. Tiojanco, Project Associate Professor, University of Tokyo, Graduate Schools for Law and Politics. Twitter: @botiojanco [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] Last month MIT News reported that we have finally opened a window to why ancient Roman concrete structures can last thousands of years, while modern ones crumble after only a few decades.
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Latin American Constitutional Law and Green Constitutionalism: A Path Forward
–José Ignacio Hernández G., Law Professior, Catholic University and Central University (Venezuela); Invited Professor, Pontifical University (Dominican Republic), and La Coruña and Castilla-La Mancha Universities (Spain); Fellow, Growth Lab-Harvard Kennedy School Introduction As Ricardo Hausmann explains, to achieve energy transition goals, it is necessary to electrify the economy or, in other words, decarbonize the economy.
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The Taliban and Islamic Constitutionalism in Afghanistan: Reviving an Old Episode?
—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] Within the thriving body of the literature on constitutionalism, “Islamic constitutionalism” continues to be understudied and undertheorized.