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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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Redefining the Right to Privacy in the Age of the COVID-19 Pandemic

—Dr. Olga Hałub-Kowalczyk, Chair of Constitutional Law, Faculty of Law, Administration and Economics, University of Wrocław, Poland Nobody needs to be convinced of the direct impact on human rights flowing from the pandemic induced by the SARS-CoV-2 virus. The necessity of reorganizing the state and way it works goes hand in hand with sudden changes

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Published on April 2, 2020
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Dissenting from the Venice Commission on Dissenting Opinions

—Maxime Saint-Hilaire, Université de Sherbrooke, Canada & Léonid Sirota, AUT University, New Zealand The topic of separate – concurring or dissenting – judicial opinions is sure to generate attention, and some controversy. There is a substantial academic literature on the subject, to which judges have often contributed, but discussion of judicial expressions of disagreement with

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Published on March 21, 2020
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A Country with Two Rival Presidents: Is it Time for Afghanistan to Formally Move to Consociationalism?

–Shamshad Pasarlay, Herat University School of Law and Political Science. Email: shamshad.bahar[at]yahoo.com One of the daunting puzzles for scholars interested in constitutional design is how to craft a democratic constitution for a deeply divided society.[1] The challenge is to form a system of government in which all religious, ethnic and linguistic groups of a deeply

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Published on March 18, 2020
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COVID-19 Pandemic, Social Distancing, and the Courts: Notes from Hong Kong

—P. Y. Lo, LLB (Lond.), Ph D (HKU), Barrister-at-law, Gilt Chambers, Hong Kong COVID-19 has become a pandemic. To contain and delay the spread of this new strain of the coronavirus, personal hygiene (such as regular handwashing with soap and water) and social distancing (such as avoiding gatherings of large groups of people and working

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Published on March 14, 2020
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Automation of Public Services and Digital Exclusion

—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.] If you are reading this blogpost, you most certainly have the required digital skills to engage with your national or local digital government services. You can fill in

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Published on March 11, 2020
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The New Presidential Regime in Brazil: Constitutional Dismemberment and the Prospects of a Crisis

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development Latin America is essentially presidential. All eighteen Latin American countries[1] adopt presidentialism as their system of government, but, comparatively to the U.S. Constitution’s “archetype,” Latin American presidents are normally granted expanded lawmaking and budgetary powers.[2] Brazil follows such a pattern, but

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Published on March 10, 2020
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Special Undergraduate Series–The Doctrine of Vested Interest and India’s Unconstitutional Ban on E-Cigarettes

Special Series: Perspectives from Undergraduate Law StudentsLL.B. Student Contribution –Nihal Sahu and Vedantha Sai, B.A. LLB (Hons.) Students, The National University of Advanced Legal Studies, Kochi On the 18th of September, 2019, the President of India promulgated an ordinance prohibiting electronic cigarettes, imposing penalties up to one year of imprisonment and a fine of one

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Published on February 29, 2020
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How are Constitutional Theocracies Born?

—Yvonne Tew, Georgetown University Law Center [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here. For a fuller discussion of the ideas in this post, see Yvonne Tew, Stealth Theocracy, 58 Va. J. Int’l L. 31 (2018). Available at SSRN: https://ssrn.com/abstract=3287923.] Religion appears

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Published on February 12, 2020
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Bolsonaro’s First Year: Trying to Erode Democracy

—Antonio Moreira Maués, Federal University of Pará              The first year of the Bolsonaro government had poor results in the economy and was marked by a high degree of political instability. Although he managed to approve pension reform, Bolsonaro does not have a stable parliamentary base in the National Congress[1] and has also lost a

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Published on February 1, 2020
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High Crimes and Misdemeanors: The Surprising Rarity of the US Impeachment Standard

—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.] As the attention of many observers of law and politics is fixed on the impeachment process now underway in the United States

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Published on January 29, 2020
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