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Blog of the International Journal of Constitutional Law
Home Archive for category "Developments" (Page 89)
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective

—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.” In so doing, it reversed a 2009 Delhi High

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Published on December 16, 2013
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Checking Institutions and the Institutional Control of Politics

—David Landau, Florida State University College of Law This week, the Colombian National Procuraduria [a sort of National Attorney General or Inspector General] removed the leftist, democratically-elected mayor of Bogota, Gustavo Petro, from office and banned him from participation in politics for 15 years. The move is a fascinating look into the strength of Colombia’s

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Published on December 13, 2013
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Data Protection in Greece: The Balance Between Freedom of Press and the Right to Privacy

—Antonios Kouroutakis, Oxford University The balance between two constitutional rights was always a jigsaw puzzle. In theory, constitutional rights are considered of equal value and in case of conflict, a de facto examination of the facts would conclude on which right should prevail. Quite recently, a case that was covered widely from national and international

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Published on December 10, 2013
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The Scottish Constitution After Independence

—Stephen Tierney, Edinburgh School of Law [Cross-posted from UK Con Law Blog] According to the Scottish Government White Paper issued this week, Scotland’s Future, an independent Scotland will have a new written constitution (this repeats the commitment contained in the Scottish Government’s earlier White Paper of March). The intention is to replace Westminster parliamentary supremacy

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Published on December 7, 2013
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European Court of Human Rights Condemns Greece for Banning Same-Sex Civil Unions

–Christina M. Akrivopoulou, Greek Refugee Appeals Authority On November 7, the European Court of Human Rights decided Vallianatos and others v. Greece, which condemned Greece for banning same-sex civil unions. Law 3719/2008 introduced civil unions within Greece as an alternative to the institution of marriage for heterosexual couples that share stable relationships, but excluded same-sex

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Published on November 28, 2013
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Indian Supreme Court Rules on Bureaucratic Independence

–Nick Robinson, Fellow, Program on the Legal Profession, Harvard Law School [cross-posted from Law and Other Things] Last week saw the Supreme Court decide T.S.R. Subramanian vs. Union of India. The judgment, involving the independence of the bureaucracy, is arguably the latest in a fascinating line of jurisprudence from the Court over the last decade and

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Published on November 21, 2013
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Turkey’s Constitutional Process

—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration. The failed plan was based

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Published on November 16, 2013
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Chile’s Constitutional Moment?

–Oya Yegen Chile is going through a “constitutional moment”. Demand for replacing the 1980 Constitution, inherited from the Pinochet regime, has not been so clearly expressed or been so central to presidential elections until the last couple of years. Now, with a presidential election due to take place this Sunday, the issue has come to

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Published on November 13, 2013
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Resources for Readers: The Future of the Canadian Senate

Tomorrow, the Canadian Supreme Court will begin three days of hearings on the constitutionality of proposed changes to the Senate of Canada. This could be the most important case in Canadian constitutional law since the 1998 Secession Reference. The hearings will be broadcast live here starting tomorrow at 9:30am EST. Readers may be interested in

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Published on November 11, 2013
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Nuclear Controversy and the Right to Petition in Japan

—Tokujin Matsudaira, Kanagawa University Faculty of Law Last week, Taro Yamamoto, a member of Japanese House of Councillors in the Diet, set off a controversy when he personally handed a letter to the Japanese Emperor expressing concern about the Fukushima nuclear power plant. Here is how RT reported the event: An anti-nuclear lawmaker broke a taboo, drawing

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Published on November 7, 2013
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