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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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New Scholarship Review: Interview with Jonathan Marshfield on Federalism and the Amendment Power

—Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Jonathan Marshfield about his forthcoming paper on Decentralizing the Amendment Power. In his new paper, Marshfield explores how and why constitutional amendment rules might be structured to include subnational units in the process of formal amendment. He concludes that “although

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Published on March 24, 2015
Author:          Filed under: Analysis, New Voices
 
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?

—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional

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Published on March 18, 2015
Author:          Filed under: Analysis
 
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A Brewing Supreme Court Nomination Crisis in Brazil?

–Vanice Regina Lírio do Valle, Estácio de Sá University This past February 26th, the Brazilian Supreme Court was unable to rule in a relevant lawsuit: the votes were tied, which made the absence of the eleventh Justice an insuperable obstacle to come to a decision. The Brazilian Supreme Court, which should be composed of eleven

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Published on March 13, 2015
Author:          Filed under: Analysis
 
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Brazilian Constitutionalism Moving Backwards? Same-Sex Marriage and the New Conservative Congress

—Juliano Zaiden Benvindo, University of Brasilia, Brazil The debate over same-sex marriage is once again in the newspaper headlines. After the US Supreme Court accepted, on February 16, to hear the cases brought by fifteen same-sex couples from four states (Michigan, Ohio, Kentucky, and Tennessee), chances are that, finally, a federal judicial ruling in this

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Published on March 4, 2015
Author:          Filed under: Analysis
 
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Mercy and Judicial Review in the Commonwealth

—Adam Perry, Lecturer in Law, Queen Mary University of London Judges in Commonwealth jurisdictions are increasingly willing to review the executive’s decisions to grant or refuse mercy (ie, decisions to grant or refuse a request for a pardon or remission of a sentence for a criminal offence). Here I want to sketch the developments and mention

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Published on February 18, 2015
Author:          Filed under: Analysis
 
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Video Interview: Counter-Interpretation and Constitutional Supremacy, Featuring Joshua Braver

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Joshua Braver on judicial review in the United Kingdom and the United States, specifically as it relates to a phenomenon he identifies as “counter-interpretation.” We discuss why, in his view, judicial review in the United Kingdom has

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Published on January 23, 2015
Author:          Filed under: Analysis
 
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Soundbite Rules

—Or Bassok, Max Weber Fellow, European University Institute The picture above, showing the Israeli Supreme Court in the background, is not a photomontage. This is how the Israeli Supreme Court (hereinafter: the Court) looks from the rooftop of a new movie theatre in its close vicinity.[1] In some ways, this picture captures the argument of

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Published on January 14, 2015
Author:          Filed under: Analysis
 
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Fetters on Prerogative Powers

—Adam Perry, Lecturer in Law, Queen Mary University of London Suppose you have a statutory power, which you decide to exercise in a certain way from now on, come what may. Maybe your decision takes the form of a policy. Maybe it takes the form of an agreement. Either way, a British or Canadian court would

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Published on January 2, 2015
Author:          Filed under: Analysis
 
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Video Interview: Judicial Appointments in India, Featuring Nick Robinson

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Nick Robinson on the subject of judicial appointments in India. In the interview, we discuss how judicial appointment will change under 121st amendment to the Indian Constitution, which will constitutionalize the National Judicial Appointments Commission. We explore how

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Published on December 30, 2014
Author:          Filed under: Analysis
 
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An ISIL AUMF? Counterterrorism and Congressional Authorization in the United States

—William C. Banks, Syracuse University, Myriam Feinberg, Tel-Aviv University, and Daphné Richemond-Barak, Lauder School of Government                While the efficacy of strikes against the Islamic State of Iraq and the Levant (also known as Daesh – Al Al-Dawla Al-Islamiya fi al-Iraq wa al-Sham – in Europe) is questioned, lawyers

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