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Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 38)
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Greece’s Constitutional Revision Dilemmas

–Xenophon Contiades and Alkmene Fotiadou, Centre for European Constitutional Law Greece is about to revise its Constitution. The question is why now and towards which direction. The timing is connected to the prerequisites of the amending formula, which sets a mandatory time lapse between revisions, that is, revision of the Constitution is not permitted within

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Published on March 18, 2013
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The Unamendable Corwin Amendment

—Richard Albert, Boston College Law School Article V entrenches rules to formally amend the United States Constitution. It has been used to make and memorialize many democratic advances since the country’s founding, from the First Amendment’s protections for speech and religion, to the Fourteenth Amendment’s guarantee of equality, to the Twenty-Sixth Amendment’s expansion of the

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Published on February 27, 2013
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The Modern Liberum Veto

—Richard Albert, Boston College Law School For many, the bête noire in the United States Constitution is Article V. Sanford Levinson says that it “brings us all too close to the Lockean dream (or nightmare) of changeless stasis.” Bruce Ackerman calls it an “obsolescent obstacle course.” And Donald Boudreaux and A.C. Pritchard describe it as

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Published on February 21, 2013
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The First Amendment’s Global Dimension

—Timothy Zick, William & Mary Law School In my forthcoming book, The Cosmopolitan First Amendment (Cambridge Univ. Press, 2013—Part I of the book is available here), I discuss the manner in which the First Amendment’s various guarantees relate to and intersect with international borders.  The book takes an extended and systematic look at what might

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Published on February 19, 2013
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Reforming Canada’s Senate

–Michael Pal, University of Toronto While the Canadian constitutional model has proven to be an influential one,[1] the unelected federal Senate is the dirty little secret at its heart. Last week by way of the reference procedure[2] the federal government sought the Supreme Court’s guidance on the constitutionality of various options for Senate reform. This

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Published on February 17, 2013
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Drafting Independence: The Catalan Declaration of Sovereignty and the Question of the Constituent Power of the People in Context

–Zoran Oklopcic, Department of Law and Legal Studies, Carleton University On January 23, 2013 the Catalan Parliament adopted the Declaration of Sovereignty and Right to Decide of the Catalan People.[1] The Declaration proclaims ‘the people of Catalonia’ to be ‘a sovereign political and legal subject’ with a ‘right to decide … their collective political future’. The

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Published on February 11, 2013
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Constitutional Text and Political Reality in China

—Richard Albert, Boston College Law School The New York Times recently published an interesting article on the Chinese Constitution. As the article reports, Chinese reformers are lobbying the government to live up to the commitments entrenched in the Constitution. These reformers see a disjuncture between the constitutional text and political reality in China, and they want

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Published on February 6, 2013
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Hong Kong’s Two Constitutional “Outsiders”

–Dr. P. Y. Lo, Visiting Fellow, Centre of Comparative and Public Law, Faculty of Law, The University of Hong Kong. Rosalind Dixon and Vicki Jackson’s upcoming article (available here and reviewed on this blog on 4 November 2012 here) on the phenomenon of “extraterritorial” actors interpreting a country’s constitution in the course of conducting international affairs

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Published on February 1, 2013
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The Greek Austerity Measures: Remedies Under International Law

— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law. In this post I consider a related question: What are the legal remedies that

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Published on January 30, 2013
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The Greek Austerity Measures: Violations of Socio-Economic Rights

—George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) Recently, the European Committee of Social Rights (the supervisory body of the European Social Charter) delivered two decisions on collective complaints, condemning Greece for violation of articles 10 and 12 of the Charter because of its austerity legislation enacted in 2010. (The Committee has also

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Published on January 29, 2013
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