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Blog of the International Journal of Constitutional Law
Home Archive for category "hp" (Page 7)
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Kabul Update: Constitutional Confusion Continues

Along with its myriad other problems, Afghanistan finds itself in a continuing state of constitutional confusion as to what body has the authority to interpret the constitution. Given the total stalemate between President Karzai and the parliament, this is a grave state of affairs that threatens to exacerbate the political gridlock. The problem began with

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Published on September 25, 2011
Author:          Filed under: Afghanistan, hp, Tom Ginsburg
 
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On this Day in the History of Comparative Constitutional Law

On this day, we remember the first woman appointed to the Supreme Court of Canada: Bertha Wilson, born on September 18, 1923, in Kirkcaldy, Scotland.  Justice Wilson was a comparativist. In two of the most controversial judgments issued during her tenure, she looked to American constitutional law and the American constitutional tradition to help her resolve a

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Published on September 18, 2011
Author:          Filed under: House of Lords, hp, Richard Albert, Supreme Court of Canada
 
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The Declining Influence of the United States Constitution

Mila Versteeg and I have just posted to SSRN a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution“. It follows up on an earlier article, imminently forthcoming in the California Law Review, in which we took a very bird’s eye view of the

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Libya update

The document that I commented on last week was never put into force; instead, the Transitional National Council issued a revised Transitional Constitutional Declaration. A thoughtful analysis by Zaid Al-Ali is here. Fortunately, the cramped timetable offered in the previous draft has been extended. Once liberation occurs (presumably meaning that Khadafi is found), an interim

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Published on September 5, 2011
Author:          Filed under: hp, Libya
 
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Troubling South African Chief Justice Nomination

South African President Jacob Zuma has nominated the most conservative Justice on the South African Constitutional Court to be Chief Justice. Justice Mogoeng Mogoeng unfortunately has a troubling record to lead a Court that is supposed to bring about transformation in the nation. He issued a decision as a lower court judge that substantially removed

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Published on August 30, 2011
Author:          Filed under: hp, Mark Kende
 
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Thoughts on the Draft Transitional Constitution for Libya

As the tides shift in Libya, the rebels have released a draft constitution for the transitional period. It calls for a democratic political regime (Art. 4), accession to human rights instruments (Art. 7—Libya is already a member of all the core international instruments) and the rule of law (Arts. 6 and 11). Article 1 provides

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Published on August 21, 2011
Author:          Filed under: hp, Libya, Tom Ginsburg
 
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What country was this anyway? Suit to disqualify president of Zambia from running

In the constitutional non-sequiter department: Zambia is gearing up for a presidential election, and incumbent Rupiah Banda, seeking a second elected term, has just been hit with a lawsuit seeking to disqualify him from running. The Zambian Constitution, Art. 34, provides for the qualifications for the presidency. One cannot serve as a candidate unless he

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Published on August 8, 2011
Author:          Filed under: citizenship, election, hp, Zambia
 
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The Wisdom of Crowds: Iceland citizen’s commission submits draft

Iceland’s Constitutional Council, composed of 25 ordinary citizens publicly elected by their peers, has submitted its draft constitution he to the Althingi, the country’s parliament. The Council had posted the draft constitution on the net in April, and worked through many re-drafts in response to 3600 written comments from the public. As one might expect,

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Published on July 31, 2011
Author:          Filed under: hp, Iceland, Tom Ginsburg
 
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Japan update: Kimigayo lawsuits fail once again

The Tokyo District Court rejected an attempt by Tokyo schoolteachers to nullify the punishments they received for refusing to participate in ceremonies involving the national anthem. This is consistent with the earlier Suphttp://www.blogger.com/img/blank.gifrme Court decisions we noted here as well a more recent decision by the Supreme Court in July that rejected similar appeals from

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Published on July 31, 2011
Author:          Filed under: hp, Japan, Tom Ginsburg
 
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Japan update: Kimigayo lawsuits fail again

The Tokyo District Court rejected an attempt by Tokyo schoolteachers to nullify the punishments they received for refusing to participate in ceremonies involving the national anthem. This is consistent with the earlier Suphttp://www.blogger.com/img/blank.gifrme Court decisions we noted here as well a more recent decision by the Supreme Court in July that rejected similar appeals from

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Published on July 29, 2011
Author:          Filed under: freedom of conscience, hp, Japan, religion, Tom Ginsburg