Category: Analysis
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Gender Equality and the Complete Decriminalisation of Abortion
—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Recent legal changes in a number of jurisdictions that have entirely decriminalised abortion are steeped in the language of gender constitutionalism and human rights – whether these changes have taken place via constitutional litigation or statutory reform.
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Giving Substance to Singapore’s Fake News Law: Online Citizen
— Marcus Teo, Sheridan Fellow, National University of Singapore’s Faculty of Law The threat that fake news poses to free speech and democracy is now well-established, though less established is how Governments should address it. Legislation which requires social media companies and intermediaries to remove or rebuff falsehoods posted on their platforms, like Germany’s Network Enforcement Act, are now no longer rarities,[1] though some countries like the United States continue to resist regulation.
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The Contingent Role of the Basic Structure Doctrine for Constitutionalism in Africa
—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Kenyan courts’ use of the basic structure doctrine to strike down President Uhuru Kenyatta’s the Constitution of Kenya Amendment Bill 2020 as unconstitutional has attracted many reactions both in Kenya and abroad.
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Symposium | Part IV | After the decision of the captured Polish Constitutional Tribunal: jurists trying to have and eat their cake
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the fifth entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Part III | Let’s take a deep breath: on the EU (and academic) reaction to the Polish Constitutional Tribunal’s ruling
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the fourth entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Part II | From Constitutional Pluralism to Constitutional Solipsism
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the third entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Part I | How to unfriend the EU in Poland
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This is the second entry of the symposium, which was kindly organized by Antonia Baraggia and Giada Ragone.
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Symposium | Introduction | The Polish Constitutional Tribunal Decision on the Primacy of EU Law: Alea Iacta Est. Now what?
[Editor’s Note: I-CONnect is pleased to feature a symposium on the recent decision by the Polish Constitutional Tribunal on the primacy of EU law. This introduction will be followed by four posts exploring different aspects of the decision and its impact.]
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Truth-seeking in Peace Processes: Addressing Colonial Roots of Internal Conflict
—Armi Beatriz E. Bayot, University of Oxford Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] In negotiating intrastate peace agreements,[1] an important threshold that needs to be crossed by the conflict parties is addressing the meta-conflict, i.e.,
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Shortcuts and Short Circuits in Latin American Constitutional Models: a Reading of Cristina Lafont’s Democracy without Shortcuts
—Julian Gaviria-Mira, Universidad EAFIT, Colombia In Democracy without Shortcuts, the philosopher Cristina Lafont has elaborated a compelling defense of what she calls a “deliberative-participatory democracy”. This democracy “without shortcuts” seeks to vindicate, at the same time, both deliberation in democratic institutions and strong participation of the citizens in collective self-government.