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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 28)
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Four Models of Politicized Judicial Selection

—Richard Albert, Boston College Law School Judges on national courts of last resort are generally appointed in politicized processes. Judicial selection is politicized when the choice rests on popular consent mediated in some way through elected representatives. We can identify four major models of politicized judicial selection in constitutional states: (1) executive unilateral appointment; (2)

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Published on April 21, 2013
Author:          Filed under: Analysis
 
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Socioeconomic Rights and Constitutional Legitimacy in India

—Rehan Abeyratne, Jindal Global Law School In a forthcoming article, I examine socioeconomic rights in the Indian Constitution and the increasingly central role the Supreme Court plays in their enforcement. As Nilesh Sinha recently noted on this blog, India’s judicial independence has allowed the Court to secure broad socioeconomic justice, despite allegations of corruption and

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Published on April 11, 2013
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How Precedent Travels

–Sam Halabi, University of Tulsa In a recent Article forthcoming in the Notre Dame Journal of International and Comparative Law, “Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri DK Basu v. State of West Bengal”, I explore one aspect of the countermajoritarian difficulty engendered by use of foreign precedent.  Usually, that concern is articulated

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Published on April 4, 2013
Author:          Filed under: Analysis
 
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The Constitutional Future of Venezuela

—David Landau, FSU College of Law Hugo Chavez’s death poses important questions about the constitutional future of a country that many political analysts have seen as a hybrid or competitive authoritarian regime – that is, somewhere between pure democracy and dictatorship. These regimes have elections, and real elections, but the playing field is highly uneven

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Published on March 31, 2013
Author:          Filed under: Analysis
 
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The Ombudsman as an Institution of European Administrative Law

—Dr. Julia Haas, Attorney-at-law (Rechtsanwältin), Hamburg (Germany) The ombudsman is presumably one of the most important Scandinavian contributions to worldwide constitutional development. Its origins can be traced back to the Swedish institution of the Justitieombudsman which was introduced in the Swedish constitution of 1809. The original Swedish idea of an “ombudsman” (meaning “representative” or “commissioner”)

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Published on March 27, 2013
Author:          Filed under: Analysis, Younger Comparativists; New Scholarship
 
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Why *Judicial* Review: A Preliminary Typology of Scholarly Arguments

—Richard Albert, Boston College Law School It was perhaps inevitable that the advent of written constitutionalism would quicken the rise of judicial review. The writtenness of a constitution creates a ready-made argument in favor of judicial review, namely that the constitutional text sets the standard against which the constitutionality of governmental action must be measured,

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Published on March 25, 2013
Author:          Filed under: Analysis
 
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Greece’s Constitutional Revision Dilemmas

–Xenophon Contiades and Alkmene Fotiadou, Centre for European Constitutional Law Greece is about to revise its Constitution. The question is why now and towards which direction. The timing is connected to the prerequisites of the amending formula, which sets a mandatory time lapse between revisions, that is, revision of the Constitution is not permitted within

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Published on March 18, 2013
Author:          Filed under: Analysis
 
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The Unamendable Corwin Amendment

—Richard Albert, Boston College Law School Article V entrenches rules to formally amend the United States Constitution. It has been used to make and memorialize many democratic advances since the country’s founding, from the First Amendment’s protections for speech and religion, to the Fourteenth Amendment’s guarantee of equality, to the Twenty-Sixth Amendment’s expansion of the

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Published on February 27, 2013
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The Modern Liberum Veto

—Richard Albert, Boston College Law School For many, the bête noire in the United States Constitution is Article V. Sanford Levinson says that it “brings us all too close to the Lockean dream (or nightmare) of changeless stasis.” Bruce Ackerman calls it an “obsolescent obstacle course.” And Donald Boudreaux and A.C. Pritchard describe it as

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Published on February 21, 2013
Author:          Filed under: Analysis
 
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The First Amendment’s Global Dimension

—Timothy Zick, William & Mary Law School In my forthcoming book, The Cosmopolitan First Amendment (Cambridge Univ. Press, 2013—Part I of the book is available here), I discuss the manner in which the First Amendment’s various guarantees relate to and intersect with international borders.  The book takes an extended and systematic look at what might

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Published on February 19, 2013
Author:          Filed under: Analysis