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Blog of the International Journal of Constitutional Law
Home Archive for category "Developments" (Page 77)
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter

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Published on February 2, 2013
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?

—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign. This is not the first

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Published on January 25, 2013
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Fiji’s Continuing Constitutional Crisis

—Richard Albert, Boston College Law School In the latest twist in Fiji’s continuing constitutional crisis, the Fijian military government has rejected the new draft constitution proposed by the Constitution Commission. It is believed that the military rejected the draft constitution because the draft proposed dramatically to curb the powers of the military. The military government has pledged to

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Published on January 13, 2013
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Clapper v. Amnesty International: Still Trying for a Day in Court

—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs.  Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing

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Published on January 11, 2013
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Japan Developments: An Era Ends, and New One Around the Corner?

Yesterday, the New York Times reported the death of Beate Sirota Gordon, likely the last link to the drafting of the Constitution of Japan in 1946.  Sirota had been raised in Japan, and was a civilian employee of the U.S. occupation forces when she was thrust into the drafting process in February of 1946.  She was,

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Published on January 4, 2013
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Romanian Elections: An “Original” Democracy?

–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law The long-awaited process in which Romanians were called to elect their representatives in the country’s Parliament came to an end last month. The Central Electoral Office announced the final results. However, some of the most controversial issues related to these elections have just begun to

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Published on January 2, 2013
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An Occasion to Rethink American Presidential Succession

United States Senator Daniel Inouye passed away last week on December 17. Senator Inouye was the senior member of Hawaii’s congressional delegation, a World War II hero, the first Japanese-American to hold office in Congress, and one of the longest-serving senators in American history. He was 88 years old. Senator Inouye’s sad death presents a

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Published on December 28, 2012
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The Brazilian Supreme Court: Between Activism and Judicial Responsibility

–Claudia Maria Barbosa, Pontifical Catholic University of Paraná, Brazil On December 17, 2012 the Brazilian Federal Supreme Court, (Supremo Tribunal Federal, STF), concluded the hearings of Criminal Case no. 470/2007, known as Mensalão (“Big Monthly”) – a criminal scheme to buy political support in Congress involving 37 accused, among them ministers from former President Lula’s

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Published on December 25, 2012
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Japan’s Election and Constitutional Revision

Japanese awoke this morning to find that the Liberal Democratic Party had won a massive supermajority in the lower house, more than doubling its seat share from 118 to 294 seats. Its coalition partner Komeito won 31 seats, and the hawkish Japan Restoration Party also won 54 seats, nearly matching the governing Democratic Party of

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Published on December 18, 2012
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The Once and Future Court

—Erin Delaney, Northwestern University School of Law I regret to inform you, should you have been interested in applying for one of the three upcoming vacancies on the Supreme Court of the United Kingdom, that the deadline has passed.  Applications were due at 5pm on October 30.   The Selection Commission will hold interviews for leading

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Published on December 17, 2012
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