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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 30)
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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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Video Interview: National Supreme Courts and Legal Complexity, Featuring Kate Glover

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Kate Glover on the subject of national supreme courts and legal complexity, with a particular focus on Canada in comparative perspective. In the interview, we discuss why and how supreme courts matter, whether conventional approaches to

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Published on December 11, 2014
Author:          Filed under: Analysis
 
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The International Law Response to the Hong Kong Electoral Reform Debate

—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law More than two months into Hong Kong’s pro-democracy protests, the city’s police force – armed with teargas and, in some instances, assisted by vigilantes – renewed its assault on protest encampments in the districts of Mongkok and Admiralty.  As debate continues to rage

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Published on December 10, 2014
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Is Social Media a Human Right? Exploring the Scope of Internet Rights

–Brian Christopher Jones, Postdoctoral Research Fellow, Institutum Iurisprudentiae, Academia Sinica* Earlier this year Jason Tenenbaum penned an interesting piece for I-CONnect about a general right to access the internet.[1] Mr Tenebaum’s focus on international covenants, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural

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Published on December 5, 2014
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Video Interview: Courts and Constitution-Making Featuring Will Partlett

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Will Partlett on the role of courts in constitution-making. In the interview, we discuss constitution-making in general, his recent work on constitution-making in Russia and post-communist countries, as well as the relationship between political culture and constitutional structure. We

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Published on November 25, 2014
Author:          Filed under: Analysis