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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Archive for category "New Voices"
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The US Same-Sex Marriage Decision: Unconstitutional Constitutional Change?

—Mikołaj Barczentewicz, DPhil in Law Candidate, University of Oxford Much will be written about Obergefell v Hodges, the momentous decision of the US Supreme Court endorsing a constitutional right to same-sex marriage, but in this short blog post I will limit myself to one aspect of the judgment: does it constitute unconstitutional constitutional change? It

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Published on July 8, 2015
Author:          Filed under: Analysis, New Voices
 
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Words to a Delegate: Crafting Article V

Special Series: Perspectives from Undergraduate Law Students J.D. Student Contribution –Larissa Warren, rising 3L, Boston College Law School [Editor’s note: The students in my advanced seminar on constitutional amendment wrote excellent papers in their take-home examination for the course. They were given a choice of two questions to answer: (1) “Is the United States Constitution Too Difficult to

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Published on June 13, 2015
Author:          Filed under: New Voices
 
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Global Standards of Constitutional Law: What Knowledge? What Method?

—Maxime St-Hilaire, University of Sherbrooke Over the past few years, I have been led to try to draw theoretical implications and conclusions (not to mention political and moral ones) from new forms of constitutional law practice such as the Venice Commission’s, a broad advisory organ of the Council of Europe. When it was created in

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Published on June 12, 2015
Author:          Filed under: Analysis, New Voices
 
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Should Foreigners Vote in National Legislative Elections?

—Michèle Finck, University of Oxford Next month, voters in Luxembourg will have to participate in a referendum (voting is mandatory in Luxembourg) that raises three different questions, among which is the following: do you agree that those residents that are not Luxembourg nationals should be entitled to participate in national legislative elections under the condition

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Published on May 13, 2015
Author:          Filed under: Developments, New Voices
 
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Constitutional and Quasi-Constitutional Statutes

–Adam Perry, Lecturer in Law, Queen Mary University of London  Some statutes have ‘constitutional’ or ‘quasi-constitutional’ status. What is the legal significance of a statute’s constitutional or quasi-constitutional status? The answer is different in different jurisdictions. In Britain, Canada, and some other jurisdictions, the answers are different than they once were. Britain Britain does not have

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Published on April 24, 2015
Author:          Filed under: Analysis, New Voices
 
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Amen: The Supreme Court of Canada’s Judgment in Mouvement laïque québécois v. Saguenay (City)

–Léonid Sirota, JSD Candidate, NYU School of Law; Lecturer, Civil Law Section, University of Ottawa Faculty of Law One week ago, on April 15, 2015, the Supreme Court of Canada delivered its decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16, holding that the respondent city’s practice of starting municipal council meetings with a prayer

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Published on April 22, 2015
Author:          Filed under: Developments, New Voices
 
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Video Interview: “Constitutional Sunsets and Experimental Legislation” featuring Sofia Ranchordás

–Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Sofia Ranchordás on her new book on Constitutional Sunsets and Experimental Legislation: A Comparative Perspective, published by Edward Elgar. Here is the publisher’s abstract for the book: This innovative book explores the nature and function of ‘sunset clauses’

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Published on April 18, 2015
Author:          Filed under: Analysis, New Voices
 
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Kuwait’s Political Adolescence: The Controversies of Constitutional Reform

—Dr. Fatima AlMatar, Kuwait University, Department of Public Law The political situation of Kuwait today resembles 17th century Britain, where the Amir[1] still has the power to dissolve parliament whenever he pleases so long as he provides a reason for doing so, and so long as the parliament is not dissolved again on the same

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Published on April 3, 2015
Author:          Filed under: Analysis, New Voices
 
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New Scholarship Review: Interview with Jonathan Marshfield on Federalism and the Amendment Power

—Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Jonathan Marshfield about his forthcoming paper on Decentralizing the Amendment Power. In his new paper, Marshfield explores how and why constitutional amendment rules might be structured to include subnational units in the process of formal amendment. He concludes that “although

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Published on March 24, 2015
Author:          Filed under: Analysis, New Voices
 
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Is the United States Constitution Too Difficult to Amend?

Special Series: Perspectives from Undergraduate Law Students J.D. Student Contribution [Editor’s note: The students in my advanced seminar on constitutional amendment wrote excellent papers in their take-home examination for the course. They were given a choice of two questions to answer: (1) “Is the United States Constitution Too Difficult to Amend?”; or (2) “Assume the year is

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Published on March 11, 2015
Author:          Filed under: New Voices