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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis"
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International Democracy and United States Constitution Day: Why American Constitutionalists Should Pay More Attention to Democracy

—Miguel Schor, Professor of Law and Associate Director of the Drake University Constitutional Law Center By a happy calendrical coincidence, United Nations International Democracy Day, which falls on September 15, is observed two days before United States Constitution Day. This coincidence provides an opportunity to reflect on the linkages between democracy and our constitution. As

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Published on September 15, 2022
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Jacobsohn & Roznai’s Machiavellian Insights for our Machiavellian Moment

—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.] Motivating Gary Jacobsohn & Yaniv Roznai’s Constitutional Revolution (2020) are a series of Machiavellian moments, times when a profound political

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Published on September 7, 2022
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The Kenyan Supreme Court Writes a New chapter in the History of the Rule of Law in Africa

—Stephanie Rothenberger, Konrad Adenauer Stiftung Rule of Law Programme for Anglophone Sub-Saharan Africa [Editors’ Note: This is the first post in a symposium on the Building Bridges Initiative (BBI) in Kenya, through which President Uhuru Kenyatta attempted to introduce the Constitution of Kenya (Amendment) Bill, 2020. Among the various reforms proposed therein, the bill introduced

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Published on August 20, 2022
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The Taliban and the Fall of Afghanistan’s Constitutional Tradition

–Shamshad Pasarlay (Visiting Lecturer, The University of Chicago Law School) [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] The fall of the Islamic Republic of Afghanistan in August 2021 marked yet another abrupt rupture in political power in the country’s long and tumultuous history. The new

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Published on July 22, 2022
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Grappling with the Civil-Common Law Divide in Constitutional Law

—Maartje De Visser, Singapore Management University, Yong Pung How School of Law [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] Considerable attention has been devoted, in comparative law generally, to classificatory efforts. A quintessential distinction is that between the civil and the common law traditions, which

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Published on July 20, 2022
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From the Least Dangerous Branch of Government to the Most Democratically Disruptive Court in the World

—Miguel Schor, Professor of Law and Associate Director of the Drake University Constitutional Law Center In The Federalist, Alexander Hamilton wrote that the United States Supreme Court is the least dangerous of the three branches of government as it lacks the power of the President or Congress. Hamilton did not and could not have envisioned

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Published on July 12, 2022
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Overturning of Roe v Wade: Time to Rethink US Engagement With International Human Rights Law?

—Frédéric Mégret, Professor and Dawson Scholar, Faculty of Law, McGill University The aftermath of Dobbs v. Jackson Women’s Health Organization is leading lawyers throughout the US to fathom its implications, state by state. This drilling down is as it should be, given US constitutional and federal dynamics. Much less attention, however, has been devoted to

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Published on July 8, 2022
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The Constitutional Value of Citizenship: the Latest Decision from Australia’s High Court

—Elisa Arcioni, Associate Professor, The University of Sydney Law School On 8 June 2022, in the decision of Alexander v Minister for Home Affairs [2022] HCA 19,  the High Court of Australia struck down a citizenship-stripping provision as unconstitutional. The ultimate decision rested on the process through which the citizenship could be lost. In the

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Published on July 6, 2022
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How to Misread a Constitution

—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.] Legal comparatists start understanding any new constitution in the same way we begin understanding anything: through a progression of mental

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Published on July 1, 2022
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We Like It So? The Continuing Saga Of Caribbean Savings Law Clauses

—Ria Mohammed-Davidson, Attorney-at-Law at Chambers of Mr. Rolston F. Nelson, SC, Trinidad and Tobago In the Anglophone Caribbean, no issue has dominated the landscape of constitutional jurisprudence more than the savings law clause. These clauses immunise existing laws and punishments by saving them from being declared inconsistent with the rights and freedoms contained in the

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Published on June 24, 2022
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