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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 34)
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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
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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
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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
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Myth and Misdirection in Constitutional Amendment

—Richard Albert, Boston College Law School Cross-posted from Cognoscenti. There is a constitutional amendment for every problem in the United States, or so politicians would have us believe. Is it your view that abortion is unraveling the moral fabric of America? Somewhere, a conservative politician is campaigning for a constitutional amendment to ban abortion with

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Published on October 31, 2013
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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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