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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 37)
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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

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Published on June 15, 2013
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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

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Published on June 10, 2013
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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

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Published on June 7, 2013
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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.

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Published on June 5, 2013
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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

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Published on May 26, 2013
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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

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Published on May 22, 2013
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Is Turkey in the process of adopting a new constitution or a large scale constitutional amendment? Some questions concerning constitutional theory

–Ali Acar, PhD Student at European University Institute  [ali.acar@eui.eu ] Turkey is currently undergoing a process of drafting a new constitution. The lack of legitimacy of the present, 1982, constitution, which was originated from the 1980 military coup d’état, renders adoption of a new contitution necessary in the public opinion. There are high public expectations for

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Published on May 13, 2013
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Egypt’s Constitution: The Religious Pot

–Mohamed Abdelaal, Indiana University Robert H. McKinney School of Law, Alexandria University School of Law Immediately after the Egyptian Revolution in 2011, which ended thirty years of repression and dictatorship under the regime of former President Hosni Mubarak, Egyptians faced the serious challenge of electing a new president and building a new Egypt. Amidst these

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Published on May 2, 2013
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Marry me or tax me? That is the constitutional question

—Angelique Devaux, French Licensed Attorney (Notaire), LL.M. in American Law (Indiana University Robert H. McKinney School of Law) To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v. United States. But it is more about a

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Published on April 29, 2013
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Four Models of Politicized Judicial Selection

—Richard Albert, Boston College Law School Judges on national courts of last resort are generally appointed in politicized processes. Judicial selection is politicized when the choice rests on popular consent mediated in some way through elected representatives. We can identify four major models of politicized judicial selection in constitutional states: (1) executive unilateral appointment; (2)

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Published on April 21, 2013
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