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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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International Assistance to Constitution Making between Principle and Expediency

—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 the aftermath of the Cold War many countries underwent political transitions coupled with extensive constitutional changes. Constitution making has also increasingly

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Published on January 13, 2021
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The Afghan Peace Process and the Prospects for Constitutional Change: Can Incrementalism Work?

—Shamshad Pasarlay and Ilaria Vianello On 12 September 2020, representatives from the Afghan government and the Taliban held the first ever direct talks in Doha, Qatar, to negotiate an end to the Afghan conflict. On 15 December 2020, some media outlets published a list of questions both sides wished to discuss during the talks. An

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Published on January 8, 2021
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The Curious Conservatism of Constitutional Amendment Politics in the United States

—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.] A few days ago, an email popped into my inbox. It was a very typical email, the kind you delete dozens of

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Published on December 23, 2020
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Dicey After Brexit: Mini-Maximalism at the United Kingdom Supreme Court

—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 December 1, 2020, the United Kingdom Government published draft legislation to repeal the Fixed-term Parliaments Act 2011, which would revive the prerogative power to dissolve Parliament.[2]

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Published on December 9, 2020
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Does Popular Participation in Constitution-Making Matter?

—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.] I·CONnect has recently published a series of excellent essays on the constitution-making process that will soon begin in Chile. One element of

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Published on November 25, 2020
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The Colombian Model of Judicial Review of Legislation: A Predecessor to the Austrian Constitutional Court of 1920

—Mario Alberto Cajas Sarria, Universidad Icesi, Colombia[1] It is 100 years since the creation of the Austrian Constitutional Court (October, 1920), which gave rise to the “Austrian Model” of judicial review of a concentrated and specialized Constitutional Court,[2] that spread across Europe with its adaptations and migrated to other continents[3]. On this Centenary, it is

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Published on November 19, 2020
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Constitutionalism and Multi-Level Governance: Ran Hirschl on Megacities in Constitutional Democracies

—Estefânia Maria de Queiroz Barboza, Federal University of Paraná, and Lucas Henrique Muniz da Conceição, Birkbeck College, University of London On October 30, the Brazilian Chapter of the ICON-S promoted an international conference on the theme of Megacities and Constitutional Law. Presenting his novel academic contribution Prof. Ran Hirschl provided a keynote address regarding his

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Published on November 15, 2020
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The Paradoxical Nature of the “Ways of Moderation” in Brazilian Democracy

—Juliano Zaiden Benvindo, University of Brasília A controversial statement in Brazil these days, when President Jair Bolsonaro seems to have slowed down his blatantly authoritarian utterances, is that “institutions are functioning.” Carlos Pereira, a Brazilian leading political scientist, for example, has long argued that Brazil’s institutions are solid,[1] and, in a recent column for Estado

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Published on November 13, 2020
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Administrative Vulnerability and Digital Technology: A Novel Concept for Inclusive Administrative Law

—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.] Over the past year, I had the pleasure to write a number of columns for ICONnect on digital exclusion and digital citizenship: how digital technology is reshaping public

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Published on November 11, 2020
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Old Wine in a New Bottle? A Response to Bruce Ackerman on Presidentialism in Brazil

—Luiz Guilherme Arcaro Conci, Pontifical Catholic University of São Paulo; João Vitor Cardoso, University of Chile; Estefânia Maria de Queiroz Barboza, Federal University of Paraná; Glauco Salomão Leite Correio, Federal University of Paraíba; and João Paulo Allain Teixeira, Federal University of Pernambuco In his analysis on the backsliding of Brazilian democracy, Professor Bruce Ackerman not only

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Published on November 8, 2020
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