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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Archive for category "Analysis"
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Brazilian Democratic Decay and the Fear of the People

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília A recurring trend in comparative constitutional law is the emerging populism, which, in its various forms, extends to places and contexts as diverse as the United States, Poland, Turkey, Hungary, the Philippines, Latin America and so forth. Brazil, which is experiencing one of its

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Published on June 24, 2017
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Ecuador After Rafael Correa: A Re-Engagement with Liberal Constitutionalism? (I-CONnect Column)

—Javier Couso, Universidad Diego Portales [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four columnists for 2017,

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Published on June 21, 2017
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A Secular Theocratic Constitutional Court? (I-CONnect Column)

—Menaka Guruswamy, Fellow, Wissenschaftskolleg zu Berlin and Advocate, Supreme Court of India [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more

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Published on May 31, 2017
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Responsibility and Judgment in a Muted 3-D Dialogue: A Primer on the Same-Sex Marriage Case in Taiwan

—Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick The Taiwan Constitutional Court (TCC) made its long-awaited decision on same-sex marriage on May 24, 2017 (the Same-Sex Marriage Case). In this landmark ruling (JY Interpretation No 748), the TCC declares that the exiting provisions on marriage in the Civil

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Published on May 26, 2017
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Be Careful What You Wish For – A Short Comment on “Mandatory Voting as a Tool to Combat the New Populism”

–Ursus Eijkelenberg, International Institute for the Sociology of Law In a recent piece on ICONnect, the question was raised whether mandatory voting could be a potential “silver bullet” to dethrone autocratic populists. According to the authors, “new populist forces would face electoral defeat if the large number of generally disillusioned but politically fatigued and inactive voters

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Published on May 20, 2017
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Democratic Decay in ‘Keystone’ Democracies: The Real Threat to Global Constitutionalism? (I-CONnect Column)

—Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.

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Published on May 10, 2017
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Populist Constitutionalism

—Paul Blokker, Charles University in Prague [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Populist engagement with constitution-making and constitutional reform forms a distinctive, and in significant ways worrying, tendency. Populism is explicitly present in the constitutional politics of

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Published on May 4, 2017
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Judges Speaking for the People: Judicial Populism Beyond Judicial Decisions

—Diego Werneck Arguelhes, Getulio Vargas Foundation Law School (FGV Direito Rio — Brazil); Information Society Project, Yale Law School (Spring 2017) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] We typically think of courts as victims or targets of

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Published on May 4, 2017
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Working Well Is The Best Strategy: Judges under Populism

—Juan F. González-Bertomeu, ITAM (Mexico) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction: foes of all stripes Let’s start with this truism—no administration, populist or not, wants courts meddling with them and checking on their power. Administrations often

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Published on May 4, 2017
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In Defense of Judicial Populism: Lessons From Colombia

—Jorge González-Jácome, Stanford University and Universidad de los Andes [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Introduction In 2005, the Colombian Constitutional Court upheld an amendment allowing presidential reelection. An extremely popular President elected for the 2002-2006 period,

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Published on May 3, 2017
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