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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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Constitutional Comparativism and Splendid Isolation?

—Jaakko Husa, Professor, Legal Culture and Legal Linguistics, University of Lapland, Finland Long gone are the days when comparative law was ruled by private law scholars only. After the collapse of socialism we have experienced a global expansion of constitutionalism, judicial review, and human rights. Comparative constitutional law now has much more vigor than it

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Published on October 30, 2012
Author:          Filed under: Analysis, Uncategorized
 
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Designing Administrative Law: Free Trade vs. Accountability Networks

—Francesca Bignami, Professor of Law, George Washington University Law School In seeking to guarantee market access, international trade regimes generally include not only a substantive component, for instance a commitment to non-discriminatory product safety regulation, but also a procedural component designed to ensure that foreign firms can make themselves heard in the domestic administrative process.  In

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Published on October 27, 2012
Author:          Filed under: Analysis
 
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Putting New Wine Into Old Wineskins—Same-Sex Marriage in the African Context: Upholding Traditional Values and Defining Human Rights

—Kwame Frimpong, Founding Dean and Professor of Law, GIMPA Law School (Accra, Ghana) The issue of same-sex marriage is not only controversial but also highly emotive, particularly within the African context. On the one hand, it raises both religious and traditional undertones. On the other hand, there is Africa that is haunted by its colonial

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Published on October 25, 2012
Author:          Filed under: Analysis
 
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In Search of Alternative Standards for the Adjudication of Socioeconomic Rights

—Carlos Bernal, Senior Lecturer, Macquarie University Socioeconomic rights are one of the greatest innovations of contemporary constitutionalism, in particular, of developing countries. Some of their constitutions address the issues of poverty, unsatisfied basic needs, lack of resources for the exercise of freedoms and political rights, and unequal distribution of opportunities and wealth, by means of

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Published on October 22, 2012
Author:          Filed under: Analysis
 
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The Canadian Charter of Rights and Freedoms in Hong Kong Jurisprudence

– Simon NM Young, University of Hong Kong In my current research, I am trying to understand the influence of the Canadian Charter in Hong Kong’s development of human rights jurisprudence after returning to China in 1997. The prospects for migration were strong, though not because constitutional text had been transplanted. Canadians were involved in

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Published on October 21, 2012
Author:          Filed under: Analysis
 
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Local Injustice: Why We Shouldn’t Forget about Saif Gaddafi

—Ruti Teitel, 2012-13 Straus fellow at NYU School of Law, Ernst C. Stiefel Professor of Comparative Law at New York Law School, and author of Transitional Justice (OUP 2000) and Humanity’s Law (OUP 2012).   In the London newspaper the Daily Mail, Saif Gaddafi’s longtime girlfriend, Orly Weinerman, has asked that Saif be spared prosecution

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Published on October 16, 2012
Author:          Filed under: Analysis
 
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A Review of Iceland’s Draft Constitution from the Comparative Constitutions Project

–Zachary Elkins, University of Texas; Tom Ginsburg,University of Chicago;                James Melton,University College London On the heels of an extraordinarily interesting experiment in constitutional design by crowdsourcing, Iceland is headed to the polls this week to test the public’s reaction to the draft constitution.  This draft is a proposed revision of

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Published on October 15, 2012
Author:          Filed under: Analysis, Iceland, Tom Ginsburg, Zachary Elkins
 
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Fatherland, Socialism or Death

–Daniel Lansberg-Rodriguez Yesterday a new article of mine came out in Foreign Policy on some of the possible contingencies  for the upcoming Venezuelan Elections. An earlier version of the piece, which the FP editors felt may be a bit too legalistic and technical for their purposes, was just the sort of thing which I suspect

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