magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 35)
formats

Constitutional Writs as “Weapons” in Myanmar?

—Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2011, Myanmar began its transition to democracy under a civilian-military led government. The process has taken place within the framework of the 2008 Constitution and it has been followed by a range of legal and institutional reforms. One of the important features of

Read More…

Print Friendly
Published on July 9, 2013
Author:          Filed under: Analysis
 
formats

Says Who?

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law Just in time for my post on symbols, the New York Times picks up the topic as well. So this is page A1 news! Of course, the underlying issue—the treatment of religious

Read More…

Print Friendly
Published on June 23, 2013
Author:          Filed under: Analysis
 
formats

A partial supranational solution to the problem of regressive constitutional amendments

–Adem Kessie Abebe, University of Pretoria, South Africa With the significant reduction in the number of coup d’états, one major constitutional crisis facing countries in Africa and beyond is the enactment of regressive constitutional amendments, amendments that are intended to reinforce the powers of incumbents or otherwise weaken vertical and horizontal accountability mechanisms. The problem of

Read More…

Print Friendly
Published on June 20, 2013
Author:          Filed under: Analysis
 
formats

Petersen on the use of social sciences in constitutional adjudication

In I·CON’s latest issue, Niels Petersen discusses the role of empirical assumptions in constitutional adjudication, and evaluates different strategies for using social science evidence. We have made this article freely available to I·CONnect readers, and we invite you to join the discussion of this important topic. Click on the title to access the full-text paper: Niels Petersen,

Read More…

Print Friendly
Published on June 19, 2013
Author:          Filed under: Analysis, Editorials
 
formats

A Coat of Many Colors

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law In this post, I want to pick up some of the themes I alluded to in my first post and respond to Marc’s observations here and Mark’s observations here. The title of this

Read More…

Print Friendly
Published on June 15, 2013
Author:          Filed under: Analysis
 
formats

Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

Read More…

Print Friendly
Published on June 10, 2013
Author:          Filed under: Analysis
 
formats

If It Looks Like A Duck…?

—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes? Do international human rights norms cause them to do so? These

Read More…

Print Friendly
Published on June 7, 2013
Author:          Filed under: Analysis
 
formats

The Keith Project

–Juliet Bull, Victoria University of Wellington   Sir Kenneth Keith, ONZ, KBE, QC is a renowned New Zealand Judge currently serving a nine-year term on the bench of the International Court of Justice. The “Keith Project” is a Victoria University of Wellington initiative which will provide access to Sir Kenneth’s extensive body of extra-judicial writing.

Read More…

Print Friendly
Published on June 5, 2013
Author:          Filed under: Analysis
 
formats

The British American Colonies and Comparative Subnational Constitutionalism

—Scott Douglas Gerber, Professor of Law, Ohio Northern University My most recent academic book is A Distinct Judicial Power:  The Origins of an Independent Judiciary, 1606-1787 (Oxford University Press, 2011).[1]  That book is the first comprehensive analysis of the origins of judicial independence in the United States.  Part I examines the political theory of an

Read More…

Print Friendly
Published on May 26, 2013
Author:          Filed under: Analysis
 
formats

Showing Germans the Light

–Or Bassok, Tikvah Scholar, NYU School of Law Conferences in the US on German public law often digress into an attempt by Americans scholars to show their German counterparts the scholarly “light.” The recipe has several variations.[1] According to the milder version, German public law scholarship fails to give an adequate account of reality when it

Read More…

Print Friendly
Published on May 22, 2013
Author:          Filed under: Analysis