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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 32)
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Commemorating the 15th Anniversary of the Quebec Secession Reference

—Richard Albert, Boston College Law School Last semester here at Boston College, we welcomed a distinguished panel to commemorate the 15th anniversary of the Quebec Secession Reference. Former Canadian Supreme Court Justice Frank Iacobucci shared his unique perspective on the reference as a member of the Court that issued the ruling, Osgoode Hall Law School

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Published on January 24, 2014
Author:          Filed under: Analysis
 
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Constitutionally Eroding the Rule of Law

—William Partlett, Columbia Law School Recent work by Kim Lane Scheppele, Sam Issacharoff, David Landau, and myself has focused on the ways in which constitutional change can be used to render regimes less democratic. In Russia today, we are seeing constitutional change eroding another key liberal value: the rule of law. With very little fanfare

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Published on January 8, 2014
Author:          Filed under: Analysis
 
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Comparative methodology in I.CON’s recent issue

I.CON’s recent issue opens with two theoretical papers, each employing a comparative methodology in the theorization of constitutional ideas and practices. Focusing on originalist approaches in the United States and Australia, Lael Weis illustrates how a comparative work can advance our debates on constitutional interpretation. Apart from offering an insightful analysis of originalism and its potential justification,

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Published on December 28, 2013
Author:          Filed under: Analysis, Editorials
 
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Fletcher and Carolan: Debate on “the Lost Constitution” in the UK and the US

[Editor’s Note: In this exchange on I•CONnect, Jamie Fletcher and Eoin Carolan debate the idea of “the Lost Constitution” in conservative and libertarian politics in the United Kingdom and the United States.] The Rise of the “Lost Constitution” Argument Within Right-of-Center Politics in the United Kingdom and United States of America  —Jamie Fletcher, Lecturer in

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Published on December 23, 2013
Author:          Filed under: Analysis
 
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Egypt’s Third Constitution in Three Years: A Critical Analysis

–Zaid Al-Ali, International IDEA [Cross-posted at ForeignPolicy.com & International IDEA] Egypt’s new draft constitution includes a number of important improvements. It contains clear language on the issue of discrimination and violence against women; it grants significant rights and affords protection to children and the disabled; the list of socio-economic rights has been lengthened and is

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Published on December 18, 2013
Author:          Filed under: Analysis
 
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Judicial Activism Against Austerity in Portugal

–Gonçalo de Almeida Ribeiro, Católica Global School of Law, Lisbon* [Editors’ note: below is an essay on the current situation in Portugal. We thank Professor Ribeiro for the opportunity to publish this essay in the form of an extended post on the blog.] Introduction The Portuguese Constitutional Court, the main judicial actor in charge of enforcing

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Published on December 3, 2013
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Thailand Update: The Search for Perfect Paper Continues

By Andrew Harding, Rawin Leelapatana, and Khemthong Tonsakulrungruang 1. Introduction In 1932 a coup d’etat abolished the absolute monarchy of Thailand and created a constitutional monarchy, for which it is obviously necessary to have a constitution. Since then, over a period of 81 years, Thailand has had 18 constitutions, the latest being the Constitution which

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Are Constitutional Statutes “Quasi-Entrenched”?

–Adam Perry (Aberdeen) and Farrah Ahmed (Melbourne) [cross-posted from UK Constitutional Law Blog] The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about

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Published on December 1, 2013
Author:          Filed under: Analysis
 
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Senate Reform in Canada: What to Make of the Constitution?

—Leonid Sirota, JSD Candidate, NYU School of Law Over the course of three days last week, the Supreme Court of Canada heard submissions from the federal government, the ten provinces, two territories, two ami curiae, and several interveners on the constitutionality of the federal government’s proposals for reforming the unelected upper house of the Parliament

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Published on November 18, 2013
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Crown Immunity After the End of Empire in Hong Kong and India

—Christopher Forsyth & Nitish Upadhyaya, University of Cambridge Cross-posted from the Blog of the UK Constitutional Law Group Crown Immunity is a recondite branch of Public Law that seldom makes an appearance in the Law Reports but it does potentially raise grave constitutional issues. It is surely ‘fundamental to the rule of law that the

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Published on November 5, 2013
Author:          Filed under: Analysis