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Blog of the International Journal of Constitutional Law
Home Archive for category "hp" (Page 3)
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The Changing Composition of the Canadian Supreme Court

Earlier this morning, the Supreme Court of Canada announced that Justice Marie Deschamps will retire from the bench on August 7, 2012. She was originally appointed on August 8, 2002. Justice Deschamps will therefore have served ten years on the high court. The coming vacancy will give conservative Prime Minister Stephen Harper the opportunity to make his fifth

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Published on May 18, 2012
Author:          Filed under: hp, Richard Albert, Stephen Harper, Supreme Court of Canada
 
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Arato on Hungary: Don’t Call it a Dictatorship

[note: cross-posted from booksandideas.net] It may seem like a scholastic question: is the current Hungarian regime a dictatorship (or an autocracy) in light of the changes made by the Constitution of 2012, the so-called Basic Law? Does answering this question make a difference for those seeking to reverse or replace the regime? My answers are

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Published on May 17, 2012
Author:          Filed under: Andrew Arato, hp, Hungary
 
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Happy 65th Birthday, Japanese postwar constitution …

… and here’s to the next 65. There are a number of interesting facts and longstanding myths surrounding the Nihonkoku Kenpo, which went into effect 65 years ago today: few constitutions have gone longer without being amended (true!), even though it was “imposed” by “the United States” (not true …)  The Asahi Shimbun has a

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Published on May 3, 2012
Author:          Filed under: David Law, hp, Japan, Mila Versteeg, Tom Ginsburg
 
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Tunisia’s Draft Preamble

Zaid Al-Ali of International IDEA has provided a translation of the Draft Preamble of the new Tunisian Constitution. What is noteworthy to me is the predictability of the text. There are very few surprises, perhaps the biggest surprise is the continuity with older tropes in Arab politics. The Preamble references the fight against oppression back

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Published on April 30, 2012
Author:          Filed under: hp, preambles, Tom Ginsburg, Tunisia, Zaid Al-Ali
 
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Brown on Egypt: Anton Chekhov at the OK Corral

[Note: the following appeared today at ForeignPolicy.com under the title “Egypt’s transition imbroglio”. Thanks to FP and to Nathan Brown for letting us re-post] The phrase “Egyptian transition process” has become tragicomically oxymoronic in light of the dizzying series of developments over the past month. More metaphorically, events have driven entire herds of elephants stampeding

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Published on April 17, 2012
Author:          Filed under: Egypt, hp, Nathan Brown
 
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Egypt suspends constitutional assembly

Egypt’s muddled constitution-making process continues to befuddle. Yesterday the Supreme Administrative Court suspended the constituent assembly as unrepresentative and in violation of Article 60 of the constitutional declaration passed in 2011. The decision, which carried no explanation, is a bit puzzling as Article 60 does not provide any criteria for membership of the 100-member assembly.

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Published on April 11, 2012
Author:          Filed under: Egypt, hp, Tom Ginsburg
 
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Egypt on the agenda

There has been a lot of attention to Egypt this past month, as the constitution-making process continues to move along; our occasional contributor Tamir Moustafa has an excellent and thorough analysis for the Brookings Center available here. Yesterday’s report that the Muslim Brotherhood has decided to run a presidential candidate marks an important turning point

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Published on April 1, 2012
Author:          Filed under: Egypt, hp, Tamir Moustafa, Tom Ginsburg
 
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Turkey Readying New Constitution

Turkey’s current constitution is a product of military coup (1980-1983). It was ratified by popular referendum (91% approval) in 1982 and has been amended by 17 times since then with changes to 113 articles. The last modification took place in September 2010 through a popular referendum (with 58% approval), yet the demand to replace the

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Published on March 31, 2012
Author:          Filed under: hp, Turkey
 
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Japan Update: Repeta on Osaka Mayor Hashimoto

Osaka Mayor Toru Hashimoto has been in office a few short months, but has become a media sensation in Japan for various audacious statements, including criticism of Article 9 of the Constitution. Last month he issued an order that all Osaka City employees participate in a mandatory survey that includes disclosure of political and union

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Published on March 28, 2012
Author:          Filed under: Democratic Party of Japan, freedom of conscience, hp, Lawrence Repeta
 
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A Victory for Term Limits in Senegal

President Abdoulaye Wade has conceded defeat in today’s runoff election in Senegal. He called his rival, former Prime Minister Macky Sall. Wade’s manipulation of the constitution, which we’ve previously commented on here, had led to deadly protests in Dakar over the past two months. His defeat is a victory for constitutional democracy, and for term

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Published on March 25, 2012
Author:          Filed under: hp, Senegal, term limits, Tom Ginsburg