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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 36)
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The First Haitian Constitution

—Richard Albert, Boston College Law School As we follow Haiti’s slow march toward democracy in the news, media reports often highlight that Haiti is the poorest nation in the western hemisphere and the world’s first independent black republic. Yet what is often if not always missing is this: Haiti adopted one of the first written

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Published on January 21, 2013
Author:          Filed under: Analysis
 
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The UK 3 – British Christians 1

Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim

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Published on January 17, 2013
Author:          Filed under: Analysis, ECtHR, religion, religious discrimination
 
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Toward a New European Abortion Constitutionalism?

—Ruth Rubio Marin, European University Institute Modern constitutionalism, born at the end of the 18th century with the French and American Revolutions, is a historically grounded venture. At the time, women did not enjoy civil equality, their freedom being largely dependent on their marital status, nor political citizenship–female enfranchisement not becoming a widespread reality until

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Published on January 15, 2013
Author:          Filed under: Analysis
 
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International Arbitration and the Transformation of Comparative Law

—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state.  While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.  The historical idea, encapsulated in the PCIJ’s

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Published on January 12, 2013
Author:          Filed under: Analysis
 
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America

—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court. I’ll summarize just one

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Published on January 9, 2013
Author:          Filed under: Analysis
 
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The New Framework Agreement between the Philippine government and the Moro Islamic Liberation Front

—Anna Su, S.J.D. Candidate, Harvard Law School, A new Framework Agreement between the Philippine government and the Moro Islamic Liberation Front was signed with much rejoicing and fanfare last October 15. To be sure, the Framework Agreement is not yet a peace agreement. In fact, a significant chunk of the agreement concerns the formulation of

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Published on January 7, 2013
Author:          Filed under: Analysis
 
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Reviewing Ireland’s Abortion Regime

—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has

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Published on December 20, 2012
Author:          Filed under: Analysis
 
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Egypt’s Leap into the Unknown: Article 219 and the Shari`‘a in the Draft Constitution

—Clark B. Lombardi, University of Washington School of Law, and Nathan J. Brown, George Washington University   (Posted originally on foreignpolicy.com) If a student of constitutional texts sat down to read the draft Egyptian constitution from beginning to end, he or she would find much of it familiar — the language, structure, and institutions would

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Published on December 14, 2012
Author:          Filed under: Analysis
 
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The Real Winner in the Egyptian Constitution? The Military

[cross-posted from the HuffingtonPost]               As Cairo’s streets fill with protestors after the rushed passage of the new draft Constitution, all eyes are on the confrontation between the newly re-energized opposition and the supporters of the Muslim Brotherhood.  Yet, while controversy swirls around the reach of Islam and the

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Published on December 10, 2012
Author:          Filed under: Analysis
 
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The Illusion of the Romanian Constitution?

—Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law On July 29th, 2012, over 8 million Romanian citizens (i.e. over 46% of the electoral records) voted in the referendum organized for the dismissal of the President. More than 87% voted in favor of the dismissal. On August 29th, 2012, some Western powers expressed their satisfaction

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Published on December 7, 2012
Author:          Filed under: Analysis