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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 28)
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The Silent Greek Crisis: Nationalism, Racism and Immigration

–Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace, Greece Ever since the early nineties Greece has become a major destination state for immigrants, mainly due to the fall of the former communist regimes of Eastern Europe. For a number of years immigrants from neighbor countries of the Balkans have resided in Greece as undocumented

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Published on October 3, 2013
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Is Proportionality Culturally Based?

—Moshe Cohen-Eliya and Iddo Porat, College of Law and Business, Ramat Gan, Israel In a recently published book Proportionality and Constitutional Culture (Cambridge University Press, 2013) we look closely at constitutional culture centering on two crucial concepts of constitutional law: balancing and proportionality. American constitutional lawyers have been asking themselves in recent years more and

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Published on September 28, 2013
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National Parliaments in the EU: Biting the Subsidiarity Bait?

—Davor Jancic, British Academy Newton Fellow, Department of Law, London School of Economics and Political Science The parliamentarization of the European Union has been hailed as one of the hallmarks of the Treaty of Lisbon. Besides empowering the European Parliament, the Member States’ national parliaments have been endowed with a series of competences in EU

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Published on September 25, 2013
Author:          Filed under: Analysis
 
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New Scholarship Review: Interview with Federico Fabbrini

–Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Federico Fabbrini about his forthcoming paper on The Euro-Crisis and the Courts: Judicial Review and the Political Process in Comparative Perspective. In his paper, Professor Fabbrini explores the increasing involvement of courts in the fiscal and economic affairs of the state, with a

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The Constituent Dilemma in Latin America

–Gabriel L. Negretto, Associate Professor, Division of Political Studies, CIDE Since the great revolutions of the late eighteenth century, the central principle of democratic constitutionalism has been that the people, as the supreme authority in a polity, is the only legitimate author of constitutions. This principle was enshrined in the theory of constituent power, according

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Published on September 9, 2013
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The First Ten Years of The Indonesian Constitutional Court: The Unexpected Insurance Role

–Stefanus Hendrianto, Santa Clara University On August 13, 2013, Indonesia celebrates the tenth anniversary of the establishment of the country’s Constitutional Court. The rise of the Indonesian Constitutional Court, indeed, has been one of the success stories of the democratization process in Indonesia. In this essay, I would like to provide a brief overview of

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Published on August 25, 2013
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The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings

Cross-posted with  permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional. Like June 26 2013, June 26 2003, was also a historic day for the LGBT

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Published on August 8, 2013
Author:          Filed under: Analysis, New Voices
 
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Why Entrench Formal Amendment Rules?

–Richard Albert, Boston College Law School Constitutional changes, both big and small, are underway in Egypt, Fiji, Tunisia and elsewhere. Constitutional designers in these and other countries face daunting challenges in dividing powers between governmental branches, balancing state prerogatives with individual rights, and managing majority-minority relations. Constitutional designers should also be particularly attentive to their

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Published on August 5, 2013
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Indonesian Constitutional Court Reconsiders Blasphemy Law

–Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2012, a new case challenging the constitutionality of Indonesia’s Blasphemy Law was lodged with the Constitutional Court.[1] Since Indonesia’s transition to democracy, over 150 individuals from minority religious groups have been convicted of blasphemy. The Blasphemy Law in Indonesia confers power on the

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Published on July 30, 2013
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Should Egypt Drop the Presidency?

—David Landau, Florida State University College of Law Bruce Ackerman recently wrote an op-ed in the New York Times calling for Egypt to drop the institution of the presidency from its new constitutional order, and instead to use a parliamentary system with a constructive vote of no confidence. Ackerman argues essentially that the figure of

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Published on July 28, 2013
Author:          Filed under: Analysis