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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/ICON-S-IL Symposium: Constitutional Capture in Israel?

[Editor’s Note: I-CONnect is pleased to partner with the Israeli Chapter of ICON-S (ICON-S-IL) to feature a special symposium on the subject of “Constitutional Capture in Israel?” Every day this week–from Sunday, August 20 to Saturday, August 26–we will feature a post as part of this symposium. We thank Moshe Cohen-Eliya and Gila Stopler, co-chairs

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Published on August 20, 2017
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Constitutional Fidelity and the Polish Constitution

–Tomasz Tadeusz Koncewicz, University of Gdańsk, 2017-18 LAPA Fellow, Princeton University, currently Visiting Professor, Radzyner Law School, IDC Herzliya Tread softly because you tread on my dreams –W.B. Yeats, The Cloths of Heaven Recent weeks have seen the biggest mass protests in Poland since 1989. In major Polish cities thousands were out in the streets

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Published on August 11, 2017
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“Quasi Constitutional” Status as *Not* Implying a Form Requirement

—Maxime St-Hilaire, Faculté de droit, Université de Sherbrooke In his post on this blog, Adam Perry writes that the British cases on what are known in the UK as constitutional statutes (and in Canada as quasi–constitutional statutes) “have been very controversial in constitutional circles”, whereas, by contrast, “the Canadian cases caused barely a ripple.” I would

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Published on August 8, 2017
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The Constitutional Court of Bosnia and Herzegovina and “the Others”

–Maja Sahadžić, PhD Researcher, Government and Law Research Group, Faculty of Law, University of Antwerp Although the Constitutional Court, ideally and ad normam, is perceived as a body which prevents discrimination, in the constitutional reality of Bosnia and Herzegovina it nevertheless reflects certain discriminatory features. A subtle ethnic opportunism has yielded a group labeled as “the Others”,

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Published on August 2, 2017
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When is a Limp More than a Limp? Diagnosing Democratic Decay

—Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law Sometimes a limp is just a limp–arising from a debilitating yet isolated injury or infection that will soon heal. However, sometimes a limp can be indicative of a degenerative disease such as multiple sclerosis. Gaining a clear diagnosis and prognosis of

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Published on July 12, 2017
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Constitutional Amendments in an Age of Populism (I-CONnect Column)

—Aslı Bâli, UCLA School 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 columnists for

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Published on July 5, 2017
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Legal Uncertainty Surrounding the Approval of the Brexit Agreement

—Antonios Kouroutakis, Assistant Professor, IE University The referendum of June 23rd 2016 and the majority vote in favour of Brexit led British constitutional law into uncharted territories as Paul Craig has accurately said.[1] The constitutional order of the United Kingdom is being overwhelmed by a paradox. Although it is governed by the principle of parliamentary

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Published on June 28, 2017
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Brazilian Democratic Decay and the Fear of the People

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília A recurring trend in comparative constitutional law is the emerging populism, which, in its various forms, extends to places and contexts as diverse as the United States, Poland, Turkey, Hungary, the Philippines, Latin America and so forth. Brazil, which is experiencing one of its

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Published on June 24, 2017
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Ecuador After Rafael Correa: A Re-Engagement with Liberal Constitutionalism? (I-CONnect Column)

—Javier Couso, Universidad Diego Portales [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 columnists for 2017,

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Published on June 21, 2017
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A Secular Theocratic Constitutional Court? (I-CONnect Column)

—Menaka Guruswamy, Fellow, Wissenschaftskolleg zu Berlin and Advocate, Supreme Court of India [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

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Published on May 31, 2017
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