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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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Pre-departure tests for Singapore citizens returning home: possibly constitutionally tricky in theory, but not in practice

—Benjamin Joshua Ong, Assistant Professor of Law, Singapore Management University Introduction Can a state require that its own citizens may only enter upon production of a test result showing that they are not infected with COVID-19? Albania, Greece, Australia, Samoa, India, the Netherlands, and Cyprus have taken such measures at one time or another. On

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Published on August 4, 2021
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How Many Times can Erdoğan be a Presidential Candidate?

—Tolga Şirin, Associate Professor of Constitutional Law, Marmara University, Turkey. Turkey’s new ‘presidentialism alla Turca’ has almost completed its fourth and a half years. The constitutional amendment supporters in the 2017 referendum claimed that the new system would stabilize and strengthen the country and bring a breakthrough in the economic and legal fields. These claims did

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Published on August 3, 2021
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Self-Determination without Democracy: The Curious Case of the Horn of Africa

—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] What course the postcolonial state and its people should take to achieve liberation and self-determination,

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Published on July 28, 2021
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Decolonizing Comparative Constitutionalism

—Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin In “Comparative Law and Decolonizing Critique,” Professor Sherally Munshi suggests four paths for comparative law scholars to reorient their research toward decolonizing legal scholarship. Munshi’s paper is a call to action for all of us engaged in comparative

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Published on July 26, 2021
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Emergency Law in Spain: the Spanish Constitutional Court’s case law

—Germán M. Teruel Lozano, Lecturer in Constitutional Law, University of Murcia When the Constitution reached its twenty-fifth anniversary, back in 2003, Professor Cruz Villalón highlighted the period of “constitutional normality” that we had lived through. In recent years, that normality has been disturbed by some turbulences that have forced the activation of some exceptional mechanisms

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Published on July 22, 2021
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How we can detect illiberal constitutional courts and why we should be alarmed – Hungarian and Polish examples

—Tímea Drinóczi, Visiting Professor, Federal University of Minas Gerais, Brazil; Professor at the University of Pécs. In the last couple of years, formerly well-respected liberal constitutional courts have been transformed into illiberal constitutional courts. We should learn lessons from Poland and Hungary, especially in Europe. Illiberal constitutional courts intentionally undermine the democratic minimum core but

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Published on July 21, 2021
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The First Week of the Chilean Constitutional Convention

—Lucas MacClure, Boston College The Chilean Constitutional Convention has begun the work that will lead, one hopes, to the replacement of Pinochet’s 1980 constitution. In this piece, I summarize the Convention’s first week and highlight themes we comparativists often discuss under the banner of the optimal design of constituent assemblies.⁠[1] The first week of the

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Published on July 15, 2021
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New Frontiers of Gender Constitutionalism in Asia (2): Gender Identity and Sexuality

—Mara Malagodi, The Chinese University of Hong Kong, 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.] In this second post in the two-part series on new frontiers of gender constitutionalism in Asia, I explore the constitutional treatment of

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Published on July 14, 2021
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Using Digital Constitutionalism to Curb Digital Populism

—Emilio Peluso Neder Meyer, Federal University of Minas Gerais and National Council for Scientific and Technological Development, Brazil, and Fabrício Bertini Pasquot Polido, Federal University of Minas Gerais, Brazil On January 6, 2021, the world watched on live stream the result of years and years of political extremism being dumped into American society. Radicalized supporters

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Published on July 10, 2021
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The “Metaphor of Waves” in Latin America: A Fragmentary Reality?

—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.] Comparative constitutional law has a particular taste for unraveling constitutional waves. Jon Elster, in his Forces and Mechanisms in

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Published on June 23, 2021
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