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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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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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Squaring the “Universal Suffrage” Circle in Hong Kong’s Transition to Democracy Under the Guidance of China

—P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong. Hong Kong is a transitional democracy in the sense that its constitutional instrument, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the Basic Law) [1], provides for the fast track

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Published on February 8, 2014
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Horizontality and the EU Charter

–Alison Young, Fellow and Tutor in law at Hertford College, University of Oxford [cross-posted from UK Constitutional Law Blog] Concerns are often raised as to the impact of EU’s human rights provisions in English law, particularly concerning the impact of the EU’s Charter of Fundamental Rights and Freedoms. How far does the Charter apply and, in particular,

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Published on January 29, 2014
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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
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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
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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
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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