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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Analysis" (Page 4)
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Introduction to I-CONnect Symposium: 30 Years of the 1988 Brazilian Constitution

[Editor’s Note: I-CONnect is pleased to feature a one-week symposium on the 30th anniversary of the Brazilian Constitution. We are grateful to our conveners, Professors Glauco Salomão Leite and Juliano Zaiden Benvindo, for assembling an outstanding group of scholars to explore this pivotal and turbulent moment in Brazilian constitutionalism.] —Glauco Salomão Leite, Catholic University of Pernambuco and University of Pernambuco & Juliano

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Published on October 9, 2018
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Why has the Constitution of the Philippines Endured for 31 Years Without Amendment?

–Michael Henry Yusingco, Ateneo Policy Center President Rodrigo Duterte assumed office in July 2016 with the commitment to shepherd the transition of the Philippines to a federal form of government, an undertaking that requires a revision of the country’s constitution. Notably, the current Philippine constitution has stood for three decades without any amendment. This is

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Published on October 4, 2018
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Smoke Signals: What to Make of Marijuana Liberalization (I-CONnect Column)

—James Fowkes, University of Münster Faculty of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four

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Published on October 2, 2018
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The Indonesian Constitutional Court and the Crisis of the 2019 Presidential Election

–Stefanus Hendrianto, Boston College After many months of speculation, the candidates for the 2019 Indonesian presidential election announced their choice of running mates on August 9, 2018. The incumbent President Joko “Jokowi” Widodo, who ran on the platform of diversity and social equality, chose the 75-years-old conservative cleric Ma’ruf Amin as his running mate. Meanwhile,

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Published on September 19, 2018
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First Rivers, then Mountains, and Now the Amazon. Do “Things” Have Rights?

—Jorge Iván Palacio, former Justice of Colombia’s Constitutional Court and Supreme Court of Justice, and Juan C. Herrera, former law clerk of the Constitutional Court of Colombia; PhD Researcher and Teaching Assistant in Constitutional Law, Universitat Pompeu Fabra; Visiting Researcher at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg In the

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Published on September 18, 2018
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UN Treaty Body Views and their Domestic Legal Effects (in Spain): An Alternative Take

–Başak Çalı, Professor of International Law, Hertie School of Governance, Editor in Chief, Oxford Reports on UN Human Rights Treaty Body Views A recent post on I-CONnect by Viljam Engström discussed the Spanish Supreme Court judgment on the domestic legal effects of the views of the CEDAW Committee in the case of González v Spain.

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Published on September 14, 2018
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Samuel Moyn in Bogotá: Not Enough and Domestic Constitutional Histories

—Jorge González-Jácome, Universidad de los Andes (Bogotá) The recent publication of Samuel Moyn’s Not Enough has triggered an important debate among human rights and international law scholars. The book focuses on the discussion about the relationship between the human rights revolution of the 1970s and the more or less simultaneous rise of neoliberalism and its

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Published on September 7, 2018
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When Court Criticism Threatens the Rule of Law: A Three-Part Test

—Brian Christopher Jones, Lecturer in Law, University of Dundee. Email: b.c.jones@dundee.ac.uk. Criticism of the courts, although essential to the operation of democracy, has recently been tested on a number of fronts, leading to a host of allegations that such criticism may violate the rule of law. But one of the major problems in relation to this

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Published on September 5, 2018
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Constitutional Dyssynchrony and the Debate over Abortion in Latin America

—Juliano Zaiden Benvindo, University of Brasília It is commonly understood that “constitution-making tends to occur in waves,”[1] as Jon Elster wrote in his fascinating paper Forces and Mechanisms in the Constitution-Making Process in 1995. Another very relevant perception is that constitutionalism has become over the years increasingly inclusive despite many exceptions worldwide and the various

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Published on August 28, 2018
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(Un)Constitutional Amendment No. 95/2016 and the Limit for Public Expenses in Brazil: Amendment or Dismemberment?

–Bárbara Mendonça Bertotti, LL.M candidate at the Pontifical Catholic University of Paraná, Curitiba, PR, Brazil Origin and Objectives of the Amendment n. 95 to Brazilian Constitution The Constitutional Amendment n. 95/2016 to the Brazilian Constitution was a result of a constitutional amendment bill proposed by the President of the Republic and approved by the Brazilian

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Published on August 24, 2018
Author:          Filed under: Analysis