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Blog of the International Journal of Constitutional Law
Home Archive for category "Developments" (Page 79)
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Culture War in the Court: Reproductive Health Battle in the Philippines

—Anna Su, Baldy Postdoctoral Fellow, SUNY Buffalo Law School On July 9, 2013, the Philippine Supreme Court will hear oral arguments on a constitutional challenge lodged against the recently-enacted and widely-controversial Responsible Parenthood and Reproductive Health Act of 2012 (“RH Law”). Almost eleven years in the making, the new reproductive health statute unsurprisingly encountered vociferous

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Published on July 2, 2013
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Striking Down Austerity Measures: Crisis Jurisprudence in Europe

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights. Although Portugal’s introduction to the European Union in 1986 has gradually diminished the strong

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Published on June 25, 2013
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Canada’s Longest-Tenured Chief Justice

Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice). She

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Published on June 17, 2013
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The Politics of Tunisia’s Final Draft Constitution

–Duncan Pickard, Democracy Reporting International and Rafik Hariri Center for the Middle East at the Atlantic Council [cross-posted from MENASource, a project of the Rafik Hariri Center] Tunisia’s constitution-drafting process has reached another milestone: the committee coordinating the drafting of the country’s post-authoritarian constitution presented its third and final draft to the National Constituent Assembly on April

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Published on May 16, 2013
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The Judicialization of Pure Politics in Brazil

–Vanice Regina Lírio do Valle, Estácio de Sá University Law School The Brazilian Constitutional Court gained visibility worldwide due to its recent ruling in the “mensalão” case – a trial involving a Congressional vote-buying scheme which ended in the conviction of many politicians associated with former President Lula, and also numerous congressmen still in the

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Published on May 8, 2013
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Libyan Congress Blunders Constitutional Moment

—Lorianne Updike Toler, Esq., Lorianne Updike Toler Consulting & The University of Pennsylvania Law School The April 10 vote by the General National Congress of Libya amending their interim Constitutional Declaration was incredibly short-sighted.  Instead of fixing the largest problem with the Declaration, the GNC dealt with the issue for which they were receiving the

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Published on May 4, 2013
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Bachelet Appoints Group to Study New Constitution for Chile

—Claudia Heiss, Instituto de Asuntos Publicos, Universidad de Chile On April 23rd former President of Chile Michelle Bachelet (2006-2010), the front-runner candidate for the November presidential election, announced a commission to study a new constitution. The group is composed of nine lawyers (including two women) some of whom contributed to the 2005 reform signed by

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Published on May 1, 2013
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Ireland’s Constitutional Convention Considers Same-Sex Marriage: Part II

—Eoin Carolan, University College Dublin Ireland’s Constitutional Convention has voted overwhelmingly in favour of a proposal to amend the Irish Constitution to allow for civil marriage for same-sex couples. 79 Convention members favoured the proposal with 19 against and 1 expressing no opinion. There was also a similarly large majority in favour of a directive

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Published on April 25, 2013
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New Developments on Japan’s Proposed Constitutional Amendment Process

–Tokujin Matsudaira, Kanagawa University Faculty of Law Recently the Asahi Shimbun Weekly (ASW, a special Monday edition of Asahi News) interviewed eight constitutional scholars and asked them to answer a survey about the possible amendment of Japan’s postwar constitution. The results appeared in ASW on April 8 (in Japanese). The eight scholars are Yasuo Hasebe

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Published on April 23, 2013
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Differencing Same-Sex Marriage

–Russell Miller, Washington & Lee University School of Law, Co-Author, The Constitutional Jurisprudence of the Federal Republic of Germany (2012), Co-Editor-in-Chief, German Law Journal As a comparative lawyer it is tempting to see a once-in-a-generation convergence of American and German constitutional law on what many regard as the era’s foremost civil rights issue:  same-sex marriage. 

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Published on April 19, 2013
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