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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 34)
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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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The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings

Cross-posted with  permission from the Oxford Human Rights Hub Blog. —Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional. Like June 26 2013, June 26 2003, was also a historic day for the LGBT

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Published on August 8, 2013
Author:          Filed under: Analysis, New Voices
 
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Why Entrench Formal Amendment Rules?

–Richard Albert, Boston College Law School Constitutional changes, both big and small, are underway in Egypt, Fiji, Tunisia and elsewhere. Constitutional designers in these and other countries face daunting challenges in dividing powers between governmental branches, balancing state prerogatives with individual rights, and managing majority-minority relations. Constitutional designers should also be particularly attentive to their

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Published on August 5, 2013
Author:          Filed under: Analysis, New Voices
 
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Indonesian Constitutional Court Reconsiders Blasphemy Law

–Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2012, a new case challenging the constitutionality of Indonesia’s Blasphemy Law was lodged with the Constitutional Court.[1] Since Indonesia’s transition to democracy, over 150 individuals from minority religious groups have been convicted of blasphemy. The Blasphemy Law in Indonesia confers power on the

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Published on July 30, 2013
Author:          Filed under: Analysis, New Voices
 
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Should Egypt Drop the Presidency?

—David Landau, Florida State University College of Law Bruce Ackerman recently wrote an op-ed in the New York Times calling for Egypt to drop the institution of the presidency from its new constitutional order, and instead to use a parliamentary system with a constructive vote of no confidence. Ackerman argues essentially that the figure of

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Published on July 28, 2013
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Of Generals, Judges, and Constitutional Democracies

—Menaka Guruswamy, International Visiting Associate Professor of Law, Columbia University (Fall 2013) Cross-posted from the Blog of the UK Constitutional Law Group On July 3, General Fattah al-Sisi, the 58 year old Chief of the Egyptian Army announced on television that the army had removed President Mohammad Morsi from power and suspended the constitution. In

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Published on July 25, 2013
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How the financial crisis has affected constitutions

–Dr. Alkmene Fotiadou, Centre for European Constitutional Law (Athens, Greece) In the comparative chapter of the book Constitutions in the Global Financial Crisis by Xenophon Contiades (ed.), we attempted to trace how the financial crisis impacted formal and informal constitutional change based on data and analysis provided in the book by constitutional scholars from Greece,

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Published on July 22, 2013
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The Constitutionalism Debate in China

—Rogier Creemers, Centre for Socio-Legal Studies & St. Antony’s College, University of Oxford Cross-posted from the Blog of the UK Constitutional Law Group Over the past few months, a heated debate about the role of the Constitution in Chinese political life has emerged. This debate comes in the wake of the 18th Party Congress and

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Published on July 17, 2013
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One Year After: How the Romanian Constitutional Court Changed its Mind

–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law July 2012 was the scene of the most important constitutional crisis in Romania since December 1989. I explored some salient aspects of the crisis in an earlier post on this blog. One year after these events, the constitutional amendment process, initiated by the Parliament in

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Published on July 14, 2013
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Facing l’etat d’exception: The Greek Crisis Jurisprudence

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Greek courts have only recently attempted to control the Memoranda entered into between the Greek state and the European Union and IMF, which impose austerity measures on the country. This judicial self-restraint has mainly been due to the extreme severity of the financial crisis. In theory,

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Published on July 11, 2013
Author:          Filed under: Analysis