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I·CONnect

Blog of the International Journal of Constitutional Law

Wiley and the European Law Journal

Gráinne de Búrca & J.H.H. Weiler, Co-Editors-in-Chief, International Journal of Constitutional Law

It is, we believe, unprecedented that both Editors-in-Chief and the entire Editorial and Scientific Advisory Board of a learned journal should resign en masse in protest at the high-handed behavior of the commercial publisher. But that is what has happened at the European Law Journal in their dispute with their publishers Wiley Publishing.

The statement of the Editors in Chief of the European Law Journal is appended below.

Between the two of us, Editors in Chief of ICON (the International Journal of Constitutional Law published by OUP) we have clocked dozens of years serving as Editors and members of Editorial and Advisory Boards of at least two dozen legal journals. We can safely say that never before have we seen even remotely the like of this.   By ‘this’ we do not just mean the mass resignation, but the entire approach of Wiley to the relationship between a commercial publisher and the academics – the editors, editorial boards and authors – who actually make the journal not only an academic and intellectual success, but also give it monetary value for its publisher. The journal generates hundreds of thousands of euros in annual revenue, and Wiley itself estimated its monetary value in the millions. You would expect some respect for the value of the academic world which generate these profits for them, would you not?

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Published on February 5, 2020
Author:          Filed under: Editorials
 

Invitation from I-CONnect — Books for Review


Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin

We are once again inviting our readers to express an interest in reviewing public law books here at I-CONnect.

We are pleased to promote new books to our readers in this forum. We welcome books from all scholars and publishers. We especially value the opportunity to showcase books from women and early-career scholars.

Here, below, is the list of books we have most recently received at I-CONnect for this purpose.

  1. Jorge L. Esquirol, Ruling the Law: Legitimacy and Failure in Latin American Legal Systems (Cambridge 2019)
  2. Maria Adele Carrai, Sovereignty in China: A Genealogy of a Concept Since 1840 (Cambridge 2019)
  3. Milton Cesar Jimenez Ramirez et al., La garantía judicial de la constitución (Universidad de Caldas 2017)
  4. Carlos Closa et al., Between Democracy and Law: The Amorality of Secession (Routledge 2019)
  5. Todd A. Eisenstadt et al., Constituents Before Assembly: Participation, Deliberation, and Representation in the Crafting of New Constitutions (Cambridge 2019)
  6. Jody Heymann et al., Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide (UC Press 2020)
  7. Marie Seong-Hak Kim, Constitutional Transition and the Travail of Judges: The Courts of South Korea (Cambridge 2019)
  8. Dimitry Kochenov, Citizenship (MIT 2019)
  9. Ernest Lim, A Case for Shareholders’ Fiduciary Duties in Common Law Asia (Cambridge 2019)
  10. Florian Matthey-Prakash, The Right to Education in India: The Importance of Enforceability of a Fundamental Right (Oxford 2019)
  11. Tamir Moustafa, Constituting Religion: Islam, Liberal Rights, and the Malaysian State (Cambridge 2018)
  12. Luke Nottage et al., ASEAN Consumer Law Harmonisation and Cooperation: Achievements and Challenges (August 2019)
  13. Gerald N. Rosenberg et al., A Qualified Hope: The Indian Supreme Court and Progressive Social Change (Cambridge 2019)
  14. Carol S. Steiker and Jordan M. Steiker, Comparative Capital Punishment (Edward Elgar 2019)
  15. Riaz Tejani, Law and Society Today (UC Press 2019)
  16. Nicolò Zanon and Giada Ragone, The Dissenting Opinion: Selected Essays (Giuffrè Francis Lefebvre 2019)

Please complete this questionnaire by February 9 if you would like to review one of these books. The questionnaire is available here. confirmation will follow. Preference will be given to early-career scholars and first-time I-CONnect contributors.

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Published on February 4, 2020
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What’s New in Public Law


Matteo Mastracci, PhD Researcher, Koç University, Istanbul

In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

  1. The Federal Constitutional Court of Germany ruled that the extradition of a Turkish national with Kurdish ethnicity suspected of committing a criminal offence, may raise the risk of a political prosecution, and therefore it violates German law and international law obligations.
  2. The Constitutional Court of Lithuania is called upon to clarify the effect of UN committee rulings on domestic cases of judicial review.
  3. The Constitutional Court of South Africa held that the hierarchy during the retrenchment consultation process does not limit the right to fair labour practices.
  4. The Supreme Court of Zimbabwe delivered a landmark ruling noting that all debts owed in US dollars before February 2019 must be paid in the local currency at the rate of 1:1.
  5. The Constitutional Court of Malta found that the former Minister of Justice had violated freedom of expression for reordering, more than once, the clearing up of a journalist memorial.
  6. The US Supreme Court agreed to the expansion of the notion of “public charge” in immigration policy standards.

In the News

  1. European Parliament has voted to ratify the Brexit withdrawal agreement by an overwhelming majority of 621 votes to 49.
  2. The Constitutional Court of Georgia received a petition demanding the abolition of a criminal penalty for growing marijuana.
  3. The lower chamber of the Romanian legislature adopted a draft law repealing the special pension law for top public servants and high magistrates.
  4. The President of Abkhazia stepped down after anti-government protests and the Supreme Court ruling on the legitimacy of the election.
  5. The Prime Minister of Australia has called for a national state of emergency to deal quickly with bush fires and other natural disasters across the country.

New Scholarship

  1. Adam S. Chilton and Mila Versteeg, When Constitutional Rights Matter (forthcoming 2020) (arguing for the practical relevance of enforcing certain constitutional rights on the road to a wealthier democracy)
  2. Mordechai Kremnitzer, Talya Steiner, and Andrej Lang (eds.), Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice (forthcoming 2020) (offering a comparative study of the proportionality doctrine based on six different jurisdictions)
  3. Anna Fruhstorfer and Gianluca Passarelli, President and Assemblies – 25 Years After Shugart and Carey’s Book (2020) (exploring different institutional frameworks for organising the relationship between the executive and legislature, and their effect on democracy)
  4. Massimo Fichera and Oreste Pollicino, The Dialectics Between Constitutional Identity and Common Constitutional Traditions: Which Language for Cooperative Constitutionalism in Europe? (2019) (emphasizing how the ambiguity and apparent clash between identity and tradition have, nonetheless, shaped the European process)
  5. Larry Diamond, Breaking out of the Democratic Slump (2020) (explaining causes and remedies for the modern antidemocratic surge and how populist leaders might lose support)
  6. Felix Petersen and Zenyep Yanaşmayan, The Failure of Popular Constitution Making in Turkey: Regressing Towards Constitutional Autocracy (2020) (explaining how the many stances of the ruling party from 2011 to 2013 have thwarted the Turkish democratic process)
  7. Jacco Bomhoff, David Dyzenhaus, and Thomas Poole, The Double-Facing Constitution (2020) (examining the historical importance of external elements within constitutional and legal theories)
  8. Theodore Konstadinides, The Rule of Law in the European Union: The Internal Dimension (2020) (examining the ambiguities and criticisms of the EU Rule of Law, including judicial review and enforcement strategies)
  9. Christine Landfried, Judicial Power: How Constitutional Courts Affect Political Transformations (2019) (arguing that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance)
  10. Adriano Dirri, The Iraqi Federation and the Kurdistan Regional Government: the conflict between communal and oil and gas policies (2019) 11 Perspectives on Federalism (examining how that the interplay between oil and gas disputes and ethnic conflict shaped the asymmetric Iraqi Federation)
  11. Conall Towe, Constituent Power and Doctrines of Unconstitutional Constitutional Amendments (2020) (offering a rebuttal of Yaniv Roznai’s justificatory theory)

Call for Papers and Announcements

  1. The International Association of Constitutional Law (IACL) invites applications for the first edition of its Summer School on “Algorithmic State, Market and Society,” (FLOS) that will be held in Florence on July 13-17, 2020. The deadline for applications is April 10, 2020.
  2. Luiss University invites candidates to apply for the position of Visiting Professors and Visiting Fellows in the academic year 2020-2021. The deadline for applications is February 28, 2020, at noon (Italian local time).
  3. Political Studies Association (PSA), the ECPR Standing Group on Southern European Politics and the Aston Centre for Europe invite abstract submissions for the conference “The State of democracy in Southern Europe: Democratic Decline or Resilience?,” to be held on June 25-26, 2020, at Aston University, in the UK. Abstracts of 150-200 words should be sent no later than March 16, 2020.
  4. Maastricht University invites applications for two Assistant Professors in the area of EU Politics at the Faculty of Arts and Social Sciences. The deadline for application is February 10, 2020.
  5. Ghent Human Rights Centre (HRC) invites submissions for the International Conference “The European Convention on Human Rights turns 70,” which will take place at Ghent University on November 18-20, 2020. The deadline for submission is April 15, 2020.
  6. Tilburg Law School invites applications for three fully funded PhD positions. The deadline for submission of applications is March 11, 2020.

Elsewhere Online

  1. Matej Avbelj, Can Elections be Held under Unconstitutional Electoral Law?, Verfassungsblog
  2. Yulia Ioffe, The Amendments to the Russian Constitution: Putin’s Attempt to Reinforce Russia’s Isolationist Views on International Law?, EJIL: Talk!
  3. Julie Jarland, The Dark Side of Justice, PRIO Blogs
  4. Munkhsaikhan Odonkhuu, Mongolia’s Long, Participatory Route to Constitutional Reforms, ConstitutionNet
  5. Attila Mráz, In Orban’s Hungary, the law is not for everyone, EUobserver
  6. Fahri Aksüt, Turkey slams Belgian ruling protecting PKK terrorists, Anadolu Agency
  7. Daniele Albertazzi and Davide Pellegrino, Matteo Salvini fails to make waves in local election but Italy’s government remains on a knife edge, The Conversation
  8. Lisa James and Meg Russell, Has parliament just got boring? Five conclusions from the passage of the EU Withdrawal Agreement Act, Constitution Unit
  9. Federico Fabbrini, The Future of Europe Beyond Brexit, Brexit Institute
  10. Gabriel Toggenburg, The 3rd of all EU-r rights: Integrity and how the Charter contributes, EUreka!
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Published on February 3, 2020
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Bolsonaro’s First Year: Trying to Erode Democracy

Antonio Moreira Maués, Federal University of Pará             

The first year of the Bolsonaro government had poor results in the economy and was marked by a high degree of political instability. Although he managed to approve pension reform, Bolsonaro does not have a stable parliamentary base in the National Congress[1] and has also lost a significant portion of his popularity, becoming the President with the worst approval rating in the first 12 months of government since redemocratization. Bolsonaro has raised questions about his capacity to manage the country and has sought to prop himself up on the support he still has in the business community and among his most faithful voters.

Despite these weaknesses, in his first year in office, Bolsonaro proved that he can cause serious damage to democracy. As we anticipated at the beginning of his government,[2] Bolsonaro has sought to reduce the bureaucracy’s capacity to halt his arbitrary actions and has tried to limit the exercise of the freedoms of speech and association, following the democratic erosion script adopted by other authoritarian leaders.[3]

Within the executive branch, Bolsonaro has interfered in the regulatory and oversight functions of public administration in favor of sectors that support him, even if the fulfillment of his interests contradicts the law. Environmental protection has been one of the most impaired areas in Brazil because of this policy. Until November 2019, the Ministry of Agriculture authorized the registration of 439 new pesticide products,  maintaining the previous year’s increasing trend. These authorizations were facilitated by a set of changes in the evaluation and toxicological classification criteria adopted by the National Health Surveillance Agency (Agência Nacional de Vigilância Sanitária – ANVISA). After visiting Brazil in December, the UN Special Rapporteur on human rights and hazardous substances, Baskut Tuncak, expressed his concern about the seriousness of the situation in the country.

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Published on February 1, 2020
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A Landmark Dutch Supreme Court Ruling Obliges the State to Reduce Greenhouse Gas Emissions by 20%


–Julio Ponce, Professor of Administrative Law, University of Barcelona. Email: jponce@ub.edu

On December 20, 2019, the Dutch Supreme Court issued a historic ruling, putting an end to a series of lawsuits initiated in 2015 that have pitted Urgenda, a foundation with 886 Dutch people as plaintiffs, against the Dutch State.

In this judgment, the high court declared the existence of dangerous climate change to be a proven fact, affirmed the legal obligation of the Dutch State to protect the rights of its citizens with the due care and diligence of good government and good administration, and established the absence of absolute and unimpeded freedom of choice for the law in the exercise of existing discretion in climate change decision-making.

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Published on January 31, 2020
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High Crimes and Misdemeanors: The Surprising Rarity of the US Impeachment Standard

Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity

[Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.]

As the attention of many observers of law and politics is fixed on the impeachment process now underway in the United States of America, it’s an interesting time to think about the choices that constitution drafters make regarding the grounds for removing the head of state. Part of the case in the US Senate has so far turned on whether or not the conduct of President Donald J. Trump meets the standards for impeachment and removal as described in Article II, § 4. As readers no doubt know, the kinds of conduct that are described there are “Treason, Bribery, or other high Crimes and Misdemeanors.”

While treason and bribery are reasonably clear, legal scholars have spilled considerable quantities of ink in discussing precisely what might or might not be covered by “high Crimes and Misdemeanors” (see a nice summary at the Lawfare blog). I have nothing particularly original to contribute to the debate over whether or not a crime as otherwise defined must have been committed for this part of the clause governing impeachment to apply. However, I would like to draw our attention as scholars of comparative constitutional law to the level of influence that this particular formulation has had in the drafting of other constitutions, and to think for a moment about how widespread the term may or may not be. The history of the US drafting is itself interesting, as the drafters considered various other ways in which potential grounds for impeachment might be described (see esp. Berger).

The influence on the US Constitution as a general model for other states is quite well known (see especially Billias 1990, 2011). The US Constitution has also been a model for specific textual choices in a surprising number of other states. I have identified 49 national constitutions that copy at least one phrase from the US Constitution. The countries that copied more than one phrase are not unexpected, with former US colonies or dependencies particularly well represented (e.g. Philippines, Micronesia, Palau, Marshall Islands). The most popular phrase to copy is the guarantee of due process in the 14th Amendment. However, the impeachment process is not entirely neglected. Four constitutions copy part of the description of the impeachment process in Article I, § 3 (Argentina (Article 60), Republic of Korea (Article 65, cl. 4), Liberia (Article 43), and the Philippines (Article XI, § 3, cl. 7)).  

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Published on January 29, 2020
Author:          Filed under: Analysis
 

What’s New in Public Law

Claudia Marchese, Research Fellow in Comparative Public Law at the University of Florence (Italy)

Developments in Constitutional Courts

  1. The Turkish Constitutional Court’s decision n. 2017/22355 dated 26 December 2019 on the violation of the applicants’ freedom of speech determined by the blocked access to Wikipedia, was published in the Official Gazette on January 15, 2020.
  2. The Colombian Constitutional Court ordered the country’s ministry of justice, the Office of the Attorney General and health professionals to provide a justification for the criminalization of abortion in Colombia.
  3. Thailand’s Constitutional Court ruled that key figures of the opposition Future Forward Party are not guilty of opposing the monarchy.
  4. The Chilean Constitutional Tribunal stated the inadmissibility of filing a claim questioning the constitutionality of the National Institute for Human Rights’ legitimacy to lodge complaints against the crimes of torture.
  5. The Italian Constitutional Court by means of a deliberation, dated 8 January 2020, admitted all non-profit social groups and all institutional bodies representing collective or diffuse interests relevant to the questions discussed to present brief written opinions, thus providing the Court with information that may be useful in understanding and evaluating the case before it.

In the News

  1. Russia’s President Vladimir Putin has submitted a package of numerous constitutional amendments to Parliament.
  2. Lawyers of President Trump during the impeachment trial, tried to emphasize that the House of Representatives had never accused the President of committing an ordinary crime, so that the accuse of abuse of power could collapse.
  3. The Iowa Senate Republicans launched a resolution to modify the Iowa Constitution establishing that it is not recognized or secured a right to abortion and it is not possible to use public funding for abortion.
  4. The Commonwealth of Virginia voted on 15 January 2020 to amend the U.S. Constitution, so becoming the 38th and final state needed to ratify the Equal Rights Amendment which prohibits gender discrimination.
  5. On 8 January 2020 the new Montenegro law on Religious Freedom came into force. This law led to tensions between Montenegro and Serbia.

New Scholarship

  1. J. Chaisse, Sixty Years of European Integration and Global Power Shifts (forthcoming in 2020) (providing a critical analysis of the key features of the EU integration and how this integration is perceived).
  2. D. Popovic, Comparative Government (2019) (comparative analysis of the contemporary systems of government).
  3. K.R. Richards, J.V. Zeben (eds.), Policy Instruments in Environmental Law (forthcoming in 2020) (providing a comprehensive guide to environmental policy instruments).
  4. J.M. Scherpe, C. Fenton Glynn, T. Kaan (eds.), Eastern and Western Perspectives on Surrogacy (2019) (analysing the approach of 21 different jurisdictions in Eastern and Western countries to surrogacy).
  5. J.N. Stefanelli, Judicial Review of Immigration Detention in the UK, US and EU (2020) (examining judgements issued by the lower courts of two jurisdictions, the UK and the US, concerning detention of immigrants).

Call for Papers and Announcements

  1. The Law and Rights section of the German Political Science association welcomes submissions for their next conference on “Autocratic Constitutionalism” to be held on 28-30 May 2020 at Free University Berlin. Abstracts of no more than 300 words must be submitted by 1 February 2020. 
  2. The International Association of Constitutional Law welcomes proposals addressing “Constitutional Identity: Contemporary Issues and Challenges” for the roundtable that will be held in St. Petersburg (Russia) on 10-13 June 2020. Applicants are required to submit their CV and abstracts in English by  23 March 2020.
  3. The Australian National University (ANU) College of Law will host a conference on 8and 9 December 2020 on “Public Law and Inequalities”. The deadline for abstracts is 2 March 2020.
  4. Law, Technology and Humans, a new international peer-reviewed journal, invites submissions for its Volume 2, Issue 1. The deadline for submission of articles is 10 February 2020.
  5. The University of Bristol Law School will host the 2020 British Association of Comparative Law (BACL) Postgraduate research workshop on Comparative Law on 23 and 24 April 2020. Doctoral students interested in participating should submit an abstract by 14 February 2020.
  6. The IUCN Academy of Environmental Law together with the Tilburg Sustainability Centre will host a workshop in Tilburg University on 10 September 2020 entitled “Enhancing Urban Climate Resilience: the role of law”. Everyone interested can submit an abstract by 2 March 2020.
  7. Forced Migration Review Issue 64 – to be published in June 2020 – will include a feature on human trafficking and smuggling. The deadline for submission of articles is 17 February 2020.

Elsewhere Online

  1. D.R. Cameron, Spanish Supreme Court challenges European Court of Justice over Junqueras immunity, Yale MacMillan Centre
  2. R. Bauböck, Cities vs. States: should urban citizenship be emancipated from nationality?, Verfassungsblog
  3. C. Tecimer, Why the Turkish Constitutional Court’s Wikipedia Decision is no reason to celebrate, Verfassungsblog
  4. J.S. Caird, The European Union (Withdrawal Agreement) Bill and the Rule of Law, UKCLA
  5. A. Sinclair, J. Tomlinson, Brexit delegated legislation: problematic results, UKCLA
  6. J. Borneman, Threats to public security in EU immigration law: finding the right discretion, EULawBlog
  7. M. Reuchamps, Belgium’s experiment in permanent forms of deliberative democracy, ConstitutionNet
  8. A. Slavov, Bulgaria’s Balancing Act: Judicial and Prosecutorial Independence and Accountability, ConstitutionNet
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Published on January 27, 2020
Author:          Filed under: Developments
 

ICON Volume 17, Issue 4: Editorial

EOur Book Review Editor, Michaela Hailbronner, and Associate Editor, Marcela Prieto Rudolphy, join Editor-in-Chief, Gráinne de Búrca, in writing this Editorial.

Gender in academic publishing

In this editorial we raise a question which has been asked by many others before in different contexts[1]: where are the women in academia, and how do those who are there fare?

In asking these questions, and not others, we are very much aware that there is also a great deal to be said about diversity and equity in academia along many other dimensions, including ethnic origin, LGBTQ+ status, disability, social class, and more. With some regret, but also aware of our limitations, on this occasion we address only the issue of women.

Women, as we know, routinely experience violence, discrimination, and hostility which manifest in many ways, structural as well as individual; from the extreme cases of domestic violence, rape, and sexual harassment[2] to the subtler but no less pervasive forms of day-to-day discrimination and belittlement. Academia, although relatively privileged in comparison to other social spheres, is not as different as might be expected in this regard compared to other walks of life. Women within faculties, graduate departments, and colleges face sexual harassment, abuse, and even rape[3] as well as less visible but pervasive forms of gender discrimination, bias, and misogyny.

Women are significantly underrepresented in academic positions,[4] and very starkly so at the higher levels of the academic ladder despite the equal numbers of men and women as high-performing students and at the doctoral level.[5] On top of this, there are many other ways in which the “gender gap” manifests itself. These range from implicit bias in hiring and promotion[6] to the gender pay gap[7] to gendered expectations and judgments in mentorship[8] and teaching evaluations[9] to the fact that women bear a disproportionate burden of the administrative work within universities,[10] as well as of the domestic work at home.[11] As a result, there remain very significant differences in the general experience of men and women working within academia.[12] These differences grow even more stark for women of color and trans-women.[13]

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Published on January 23, 2020
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Call for Nominations–2020 ICON-S Book Prize


ICON·S | The International Society for Public Law is pleased to open the Call for Nominations for its third annual Book Prize. In line with the Society’s mission, the prize will be awarded to an outstanding book in the field of public law, understood as a field of knowledge that transcends dichotomies between the national and the international as well as between administrative and constitutional Law. Preference will be given to scholarship which, in dealing with the challenges of public life and governance, combines elements from all of the above with a good dose of political theory and social science.

The Book Prize will be awarded at the Society’s next Annual Conference on July 9-11, 2020 in Wrocław, Poland, to the author(s) of a book or books published in the two calendar years prior to the conference (2018 and 2019). The winner will be selected by the Society’s Book Award Committee, chaired in 2020 by Anne Peters.

Eligibility Criteria

Monographs on public law as defined above written in any language are eligible for nomination. Only books published up to two years prior to the year of the annual meeting are eligible for nomination. The relevant criterion is the official publication year as stated in the book’s front-matter. Repeated nominations in consecutive years are not permitted. Books nominated for the 2018 and 2019 Book Prize are not eligible. Nominated books must moreover be the first original edition.

Nomination Procedure

Members of the Society’s Executive Committee and Council, groups of at least three ICON-S members, book review editors of academic journals, as well as scholarly publishers are invited to nominate books, up to a maximum of 5 (five) each. The Book Prize Committee is authorized to consider books that have not been nominated and that it considers particularly worthy of consideration. Please note that authors are not eligible to nominate their own books. Please note also that edited books are not eligible for consideration. The Society especially welcomes nominations of scholarly works by female- and male-identifying scholars.

Nominations may be made via e-mail to bookprize@icon-society.org with the following subject line: Book Prize ATTN: Chair of the Book Prize Committee. Nominations must include a justification of 400-500 words explaining the basis for the nomination.

The deadline for the submission of nominations is January 31, 2020.

Please note that the nominators must send (or make arrangements with the publisher to send) one hardcopy for each member of the Book Prize Committee no later than February 29, 2020 directly to each of the members of the committee. Addresses will be provided after nomination. E-Books or scans can substitute hardcopies with the approval of the Chair. Failure to deliver the required number of hardcopies or substitutes will lead to non-consideration of the proposal.

The Call for Nominations for the ICON·S Book Prize can be downloaded here (PDF).

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Published on January 22, 2020
Author:          Filed under: Developments
 

ICON’s Latest Issue: Table of Contents

Volume 17 Issue 4

Table of Contents

Editorial

Honor Roll of Reviewers 2019

Honoring Jürgen Habermas

Seyla Benhabib, For Jürgen Habermas on his 90th birthday

Jean L. Cohen, My/our debt to Habermas

Oliver Gerstenberg, Radical democracy and the rule of law: Reflections on J. Habermas’s legal philosophy

Frank I. Michelman, Legitimacy and moral support

Cheryl Misak, Habermas’s place in the history of pragmatism

Vlad Perju, Supranational states in the postnational constellation

Michel Rosenfeld, Habermas at 90: A personal and professional tribute

Articles

Kai Möller, Justifying the culture of justification

Sergio Verdugo The fall of the Constitution’s political insurance: How the Morales regime eliminated the insurance of the 2009 Bolivian Constitution

Critical Review of Governance

Tarunabh Khaitan and Jane Calderwood Norton, The right to freedom of religion and the right against religious discrimination: Theoretical distinctions

Farrah Ahmed, Richard Albert and Adam Perry, Enforcing constitutional conventions

Symposium: New Dominium Constitutionalism

Mara Malagodi, Luke McDonagh and Thomas Poole, New Dominion constitutionalism at the twilight of the British Empire: An introduction

Peter C. Oliver, “Dominion status:” History, framework, and context

Luke McDonagh, Losing Ireland, losing the Empire: Dominion status and the Irish Constitutions of 1922 and 1937

Rohit De, Between midnight and republic: Theory and practice of India’s Dominion status

Mara Malagodi, Dominion status and the origins of authoritarian constitutionalism in Pakistan

Rehan Abeyratne, Uncertain sovereignty: Ceylon as a Dominion, 1948–1972

Mara Malagodi, Luke McDonagh and Thomas Poole,  The Dominion model of transitional constitutionalism

ICON: Debate!

Joseph H. H. Weiler, A nation of nations?

Antonio Bar, A nation of nations?: A reply to Joseph H. H. Weiler

Hèctor López Bofill, A nation of nations?: A reply to Joseph H. H. Weiler

Review Essays

Itamar Mann, Zionism and human rights. Review of James Loeffler, Rooted Cosmopolitans: Jews and Human Rights in the Twentieth Century; Michael Sfard. The Wall and the Gate: Israel, Palestine, and the Legal Battle of Human Rights; Gideon Sapir. The Israeli Constitution: From Evolution to Revolution

Katalin Kelemen, Constitutional reasoning: A flourishing field of research in comparative law. Review of  András Jakab. European Constitutional Language; András Jakab, Arthur Dyevre, & Giulio Itzcovich (eds.). Comparative Constitutional Reasoning

Book Reviews

Anine Kierulf. Judicial Review in Norway—A Bicentennial Debate (Jaakko Husa)

Eric C. Ip. Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions (Julius Yam)

Katharine G. Young, ed. The Future of Economic and Social Rights (Ingrid Leijten)

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Published on January 21, 2020
Author:          Filed under: Editorials