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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 33)
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A Conversation with Mark Kende on South African Constitutional Law

–Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Mark Kende about his work on South African constitutional law. Professor Kende holds the James Madison Chair in Constitutional Law at Drake Law School, where he teaches constitutional law, comparative constitutional law, civil rights and civil procedure. In our interview, Professor Kende discusses

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Published on October 22, 2013
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Indonesian Constitutional Politics

—Fritz Siregar, University of New South Wales As an emerging democracy, Indonesia is learning how to become a democratic country. The Indonesian Constitutional Court (“the Court”) plays an important role in determining what kind of democracy Indonesia will become, because there is a gap between what the 1945 Constitution tries to achieve, and what is

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Published on October 20, 2013
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What Constitutional Future for Syria?

—Zoran Oklopcic (Carleton University) & Mohamad Ghossein (University of Ottawa) As the discourse of military intervention in Syria gradually subsides, and a political solution to the conflict seems marginally more likely, a full-blown debate about the constitutional future of Syria may appear premature. But, initiating this debate—sketching out options, identifying more likely constitutional outcomes, as

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Published on October 11, 2013
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A Public Forum on Unconstitutional Constitutional Amendments

Last month, Professor Vicki Jackson moderated a fascinating public forum on unconstitutional constitutional amendments featuring Aharon Barak (former President of the Supreme Court of Israel) and Lech Garlicki (former judge on the European Court of Human Rights). The forum was video recorded and is now available for viewing here. The event was hosted by the

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Published on October 8, 2013
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The Silent Greek Crisis: Nationalism, Racism and Immigration

–Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace, Greece Ever since the early nineties Greece has become a major destination state for immigrants, mainly due to the fall of the former communist regimes of Eastern Europe. For a number of years immigrants from neighbor countries of the Balkans have resided in Greece as undocumented

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Published on October 3, 2013
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Is Proportionality Culturally Based?

—Moshe Cohen-Eliya and Iddo Porat, College of Law and Business, Ramat Gan, Israel In a recently published book Proportionality and Constitutional Culture (Cambridge University Press, 2013) we look closely at constitutional culture centering on two crucial concepts of constitutional law: balancing and proportionality. American constitutional lawyers have been asking themselves in recent years more and

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Published on September 28, 2013
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National Parliaments in the EU: Biting the Subsidiarity Bait?

—Davor Jancic, British Academy Newton Fellow, Department of Law, London School of Economics and Political Science The parliamentarization of the European Union has been hailed as one of the hallmarks of the Treaty of Lisbon. Besides empowering the European Parliament, the Member States’ national parliaments have been endowed with a series of competences in EU

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Published on September 25, 2013
Author:          Filed under: Analysis
 
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New Scholarship Review: Interview with Federico Fabbrini

–Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Federico Fabbrini about his forthcoming paper on The Euro-Crisis and the Courts: Judicial Review and the Political Process in Comparative Perspective. In his paper, Professor Fabbrini explores the increasing involvement of courts in the fiscal and economic affairs of the state, with a

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The Constituent Dilemma in Latin America

–Gabriel L. Negretto, Associate Professor, Division of Political Studies, CIDE Since the great revolutions of the late eighteenth century, the central principle of democratic constitutionalism has been that the people, as the supreme authority in a polity, is the only legitimate author of constitutions. This principle was enshrined in the theory of constituent power, according

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Published on September 9, 2013
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The First Ten Years of The Indonesian Constitutional Court: The Unexpected Insurance Role

–Stefanus Hendrianto, Santa Clara University On August 13, 2013, Indonesia celebrates the tenth anniversary of the establishment of the country’s Constitutional Court. The rise of the Indonesian Constitutional Court, indeed, has been one of the success stories of the democratization process in Indonesia. In this essay, I would like to provide a brief overview of

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Published on August 25, 2013
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