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Blog of the International Journal of Constitutional Law
Home Archive for category "hp" (Page 9)
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South Sudan consultation wrapping up

Amid continuing clashes in the disputed region of Abyei, the government of South Sudan is concluding a two-day public discussion of the Transitional Constitution, which will come into effect with the official birth of the state next month. The draft has been criticized by one political group, the Sudan People’s Liberation Movement-Democratic Change, for failing

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Published on June 8, 2011
Author:          Filed under: hp, South Sudan, Tom Ginsburg
 
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A Forthcoming Rights Revolution in Mexico?

Two important constitutional reforms have been just approved in Mexico. The first reform transforms the human rights regime in the country. Among other things, it recognizes as rights not only those explicitly included in the constitution but also all rights present in international treaties ratified by the country. The reform also gives new powers to

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Published on June 3, 2011
Author:          Filed under: constitutional amendment, hp, Julio Rios-Figueroa, Latin America, Mexico
 
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Ecuador’s Courts; U.S. Constitutionalism

This post addresses two very distinct but interesting issues. ECUADOR: First, there is a fascinating article in the New York Times regarding the problems with Ecuador’s legal system. It deals with Chevron’s attempt to resist enforcement of a large judgment by attacking the nation’s legal system. Without addressing Chevron’s underlying conduct, what is especially troubling

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Published on May 24, 2011
Author:          Filed under: hp, Mark Kende
 
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Discipline-Flourishing Constitutionalism: An Update on Myanmar’s Quasi-Constitutionalized Politics

When Tom Ginsburg and Zachary Elkins first released their Comparative Constitutions Project data, Myanmar (formerly known as Burma)* was one of only two countries that lacked any sort of constitutional document (the other being the U.K.). Since 1962, the country had been ruled by a military regime. In 1988, a younger generation of officers seized

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Published on May 20, 2011
Author:          Filed under: authoritarianism, Dominic Nardi, hp, Myanmar
 
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The Indian Supreme Court Headlines the WSJ

Today’s edition of the Wall Street Journal profiles the Indian Supreme Court under the headline of “In India, the Supreme Court Takes an Activist Role.” As the article notes, however, it is an understatement to call the Indian Supreme Court “activist.” It is much more accurate, according to the author, to call it “hyperactivist.” Whether

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Published on May 16, 2011
Author:          Filed under: hp, Richard Albert, Supreme Court of India
 
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The Future of the Canadian Supreme Court-Part II

We may soon have the chance to see how Richard Albert’s interesting prognostications regarding the future of the Canadian Supreme Court play out. Professor Albert’s recent predictions on this blog concerning the possibility that Prime Minister Stephen Harper may bring an unprecedented dose of American-style conservatism to the Court take on new urgency and force,

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Published on May 13, 2011
Author:          Filed under: David Law, hp, judicial appointments, Supreme Court of Canada
 
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Brazil’s Supreme Federal Court rules for same-sex civil unions

Brazil’s Supreme Federal Court has ruled that partners in same-sex civil unions are constitutionally entitled to the same rights as married persons. The constitutional provision on which it relied requires the state to “promote the good of everyone, without distinction of origin, race, sex, color, age and other forms of discrimination.” Although an English translation

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Published on May 7, 2011
Author:          Filed under: Brazil, civil unions, David Law, gay marriage, hp
 
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Constitutional Reforms in Ecuador

Tomorrow, Saturday May 7th 2011, Ecuadorean citizens will vote on a referendum to change their constitution. They will vote ‘yes’ or ‘no’ on ten questions proposed by President Rafael Correa. Positive answers to the first five questions imply an automatic constitutional amendment, whereas positive answers to the rest of the questions would mandate the national

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Published on May 6, 2011
Author:          Filed under: constitutional amendment, Ecuador, hp, Julio Rios-Figueroa, Latin America
 
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Pakistan’s Supreme Court Leads Again: Transgender Rights

While Pakistan’s military has egg on its face this week, it is important to recall that not all of Pakistan’s institutions are weak or broken. The Supreme Court under Justice Chaudhry continues to play an active role in a judicialized political environment. Last week, in a little noticed decision, the Pakistan Supreme Court required the

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Published on May 6, 2011
Author:          Filed under: gay rights, hp, Pakistan, Tom Ginsburg
 
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South African legal conflicts

Two significant conflicts are taking place that implicate the South African Constitution. First, as the New York Times reported yesterday, one of the African National Congress’ most important young leaders is on trial for engaging in hate speech: http://www.nytimes.com/2011/05/01/world/africa/01southafrica.html Julius Malema used the term “Shoot the Boer” from an Apartheid protest song. My understanding is

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Published on May 2, 2011
Author:          Filed under: hp, Mark Kende