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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 31)
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The Indonesian General Election and the “Weak” Constitutional Court

—Stefanus Hendrianto, Santa Clara University May 2014 was quite a month in Indonesian constitutional politics. On May 19th, 2014, the Indonesian Constitutional Court stripped out its own authority to review regional election disputes involving heads of government. On the following day, the General Election Commission closed the nomination for the 2014 presidential election. After weeks

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Published on June 4, 2014
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Australia–The High Court Upholds the Forfeiture of a Drug Offender’s Castle: Attorney-General (NT) v Emmerson

—Dr. Lael Weis, Melbourne Law School [Cross-posted from Opinions on High Court Blog] Should the state be able to seize ‘all or any’ property ‘owned or controlled by’ persons convicted of multiple drug-related offences, regardless of the connection of that property to the commission of crime? In a recently decided case, Attorney General (NT) v Emmerson [2014]

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Published on May 29, 2014
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How “Islamic” is Pakistan’s Constitution?

–Dawood Ahmed, University of Chicago During peace negotiations with the Tehreek-e-Taliban (TTP) in Pakistan, Taliban leaders declared that they did not accept the Constitution of Pakistan as “Islamic” and therefore did not believe in holding peace talks under it. Indeed, they alleged that there was not a single Islamic clause in the Constitution. On the

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Published on May 17, 2014
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Constitutions…in Dictatorships?

[cross posted from the Cambridge University Press blog 1584] “What is the difference,” went an old joke in the Soviet Union, “between the Soviet and U.S. Constitutions? The Soviet Constitution guarantees freedom of speech; the U.S. Constitution guarantees freedom after speech.” The joke captures the common intuition about the function (or dysfunction) of constitutions in

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Published on May 10, 2014
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Podcast on Senate Reference

–Richard Albert, Boston College Law School Last week, we alerted to you an important advisory opinion on Senate reform scheduled to be released by the Supreme Court of Canada tomorrow. Ahead of this important day in Canadian constitutional law, the McGill Law Journal has recorded an informative podcast on the subject. The podcast features Daniel Jutras

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Published on April 24, 2014
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Whose “Constitutional Moment” is it Anyway? A Response to Professor Chen on Electoral Reform in Hong Kong

—Alyssa S. King, lawyer in New York and 2012 graduate of Yale Law School, and Alvin Y. H. Cheung, New York University School of Law* As the controversy over Hong Kong’s Chief Executive electoral reforms for 2017 rages on, it is vital not to lose sight of the parameters of the debate.[i] The importance of the

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Published on April 10, 2014
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Suspended Declarations of Invalidity and the Rule of Law

—Robert Leckey, McGill University [cross-posted from UK Constitutional Law Blog] In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v Bedford, the Court struck down prohibitions against keeping a bawdy-house, living on the avails of

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Published on March 13, 2014
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Tunisia’s New Constitution: Progress and Challenges to Come

–Zaid Al-Ali (Senior Advisor, International IDEA) and Donia Ben Romdhane (Senior Advisor, International IDEA) [Cross-posted from Open Democracy] In spite of a number of serious challenges, the Tunisian Constituent Assembly – under the people’s ever watchful eye – successfully negotiated a new and modern constitution. In 2011, the political class was far from prepared for

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Published on February 21, 2014
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An End to European Multilateralism: A Comment on the German Bundesverfassungsgericht’s OMT Decision

—Dr. Oliver Gerstenberg, University of Leeds When it comes to adjudicating the European sovereign debt crisis, the German Bundesverfassungsgericht (BVG) emerges as a sharply divided court. Back in August 2012, Mario Draghi pledged to do “whatever it takes” to prevent a single currency break-up. His words were followed by the Outright Monetary Transactions Programme (OMT),

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Published on February 19, 2014
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The Dynamics of Constitutional Change in Mexico 1997-2012: New Data from Reformar sin Mayorias

Editor’s Note: Last Friday, I was honored to participate in an event in Mexico City for the publication of a new book, Reformar sin Mayorias (Reforming without Majorities) on the recent pattern of constitutional amendment in Mexico.  The book, edited by the distinguished scholars María Amparo Casar and Ignacio Marván, is in Spanish but has some

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Published on February 10, 2014
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