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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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Striking a Difficult Balance: Transitional Justice, Lustration Laws, and Human Rights

—Adem Kassie Abebe, Senior Research Fellow, Max Planck Foundation for International Peace and the Rule of Law Burkina Faso has witnessed two coup d’états in less than twelve months. The first was a popular overthrow of the former president, Blaise Compaore, who was forced out of power in a popular ‘democratic’ coup after demonstrators stormed

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Published on December 4, 2015
Author:          Filed under: Analysis
 
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Symposium on the Constitutionalization of International Law in Latin America

Editor’s Note: We are pleased to be promote this AJIL Unbound Symposium on the Constitutionalization of International Law in Latin America. AJIL Unbound is the online scholarly companion to the American Journal of International Law. This Symposium, including a thematic introduction and four essays, addresses a subject of interest to scholars of public law and we are delighted to

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Published on November 11, 2015
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Entrenching and Undercutting

—Adam Perry, Associate Professor and Tutor in Law, University of Oxford Nick Barber has an article titled ‘Why Entrench?’ coming out in the International Journal of Constitutional Law (available on SSRN). Among other things, the article is about the kinds of entrenchment there are, the reasons there are for entrenchment, and how the two match

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Published on November 4, 2015
Author:          Filed under: Analysis
 
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Back to the Legal Basics: A Note at the Anniversary of the Hong Kong Umbrella Movement

—Dr. P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong The Umbrella Movement erupted in Hong Kong, a Special Administrative Region (SAR) of the People’s Republic China (PRC), on 28 September 2014 when protestors began to occupy major thoroughfares in mainly three busy business and commercial districts

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Published on October 3, 2015
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How Far Out of Step is the Supreme Court of the United States?

—Brian Christopher Jones, Liverpool Hope University The short answer to the question posed in the title of this piece is: very. This post focuses on three things, some of which Erwin Chemerinsky covered in his recently published monograph, The Case Against the Supreme Court, and also that I focused on in my book review of that

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Published on September 23, 2015
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I-CONnect Video Interview Series: Jean-Philippe Derosier on National Limits to European Integration

–Richard Albert, Boston College Law School In this latest installment of our video interview series at I-CONnect, I interview Jean-Philippe Derosier on the subject of national constitutional limits to European Integration. The subject of our discussion is his recent book, published in May 2015, entitled “Les limites constitutionnelles à l’intégration européenne,” a comparative study of limits

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Published on September 16, 2015
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Human Dignity in Obergefell v. Hodges

—Michèle Finck, Fellow, London School of Economics, and Lecturer, Keble College, University of Oxford. Human dignity is currently somewhat of a buzzword in constitutional and human rights studies. While resonating well on an intuitive level, the concept is however tricky to define in legal terms – underlining the conceptual vagueness or flexibility that characterizes it.

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Published on September 4, 2015
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Thresholds for Interpretation and Secession

—Adam Perry, Lecturer in Law, Queen Mary University of London Three of my favourite topics are statutory interpretation, Prince Charles, and Canadian electoral politics. I never thought these topics were all that closely related. Happily, I was wrong. For years Prince Charles has been writing letters to government ministers on everything from natural medicine to agricultural

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Published on September 2, 2015
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Why Impeachment? Brazilian Democracy Revisited

—Juliano Zaiden Benvindo, University of Brasilia, Brazil Impeachment has become a common word these days. Recently, examples of impeachment proceedings appeared in Madagascar,[1] Thailand,[2] Indonesia,[3] Myanmar,[4] Philippines,[5] and Paraguay.[6] In Latin America, the 1990s and 2000s were clearly marked by an “unprecedented wave of impeachments” proceedings,[7] including in Brazil (1992), Venezuela (1993), Colombia (1996), Paraguay

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Published on August 28, 2015
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Mapping Constitutional Success: A New Study on Process

—Lorianne Updike Toler, Libertas Constitutional Consulting Amidst the chaos of Libya’s civil war, the Constitution Drafting Assembly (CDA) remains the lone institution recognized as legitimate by both sides of the conflict.  Headed by the stubbornly thoughtful—and stubbornly neutral—Waleed Al-Tahourni, the CDA’s eight committees are feverishly attempting to maintain what little legitimacy remains in the country

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Published on August 7, 2015
Author:          Filed under: Analysis