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I·CONnect

Blog of the International Journal of Constitutional Law

Academic Freedom Must be Protected in Brazil

Emilio Peluso Neder Meyer and Thomas da Rosa de Bustamante, Federal University of Minas Gerais and Brazilian National Council for Scientific and Technological Development

Brazil is quickly becoming a hallmark of constitutional and democratic erosion. While President Bolsonaro engages in a radical attack on the electoral procedures and electronic ballots (which lacks any kind of evidence and prompted an investigation in the Superior Electoral Court), restrictions on academic freedom are on the rise. It seems to be no coincidence that President Bolsonaro launched, in the past weeks, several attacks on Justice Barroso, who wears the two hats of a Justice in Brazil’s highest court and a constitutional law professor. Nonetheless, despite the seriousness of the threats to democracy posed by President Bolsonaro, the main target of law-enforcement authorities nominated by him, the Prosecutor General of the Republic Augusto Aras and the Federal Supreme Court Justice Nunes Marques, wears only the academic hat: the University of São Paulo Professor Conrado Hübner Mendes.

From the offset of his turbulent administration, President Bolsonaro followed the comparative authoritarian and populist playbook of dismantling academic freedom. His favored strategy, in the beginning of his administration, was concentrated on limiting budgets and administrative prerogatives of the federal universities. Direct attacks on individual and institutional academic freedoms were left to his cronies, especially former Ministers of Education. Since the first months of 2021, however, one can witness a more serious and direct assault on academic freedom in the country. Under the policy of relying on the National Security Act to criminally sue his critics, captured public administration agencies and law-enforcement officials that should oversee the president – or at least remain impartial concerning public criticisms – are now also using public institutions to persecute opposing opinions.

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Published on August 10, 2021
Author:          Filed under: Developments
 

What’s New in Public Law


Robert Rybski, Assistant Professor at the Faculty of Law and Administration of the University of Warsaw, Rector’s Plenipotentiary for Environment and Sustainable Development.


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Supreme Court of India heard journalists’ petitions for a court-supervised investigation into allegations of the abuse of the software Pegasus by the government for surveillance of opposition politicians, journalists, and officials.
  2. The French Conseil Constitutionnel upheld new Covid rules extending the requirement of a health pass for access to restaurants, transportation, and other venues but struck down a part of the legislation that would allow employers to terminate certain short-term employees without a Covid passport.   
  3. President Biden announced the reimposition of an eviction moratorium, despite an acknowledgement that the Covid revised eviction ban might not pass the constitutional standard set by the Supreme Court in an earlier ruling.
  4. The Federal Constitutional Court of Germany ruled that the failure to approve amendments to the State Media Treaty by one of the German federal states (Saxony Anhalt) violated the freedom of broadcasting enjoyed by public broadcasting organisations.
  5. Amid the work of the commission appointed by President Biden to consider proposals for reforming the U.S. Supreme Court, commentators suggest that Congress should, among other things, prescribe the qualifications for Supreme Court justices (just as it regulates other aspects of the Court’s functioning).
  6. The Constitutional Court of South Africa ruled that a 2008- homophobic “gay is not okay” column by a former journalist and ambassador constitutes hate speech.

In the News

  1. The 1951 Refugee Convention just turned 70 years old, with a growing global backlash against it.
  2. Poland granted a humanitarian visa to a Belarus sprinter that refused a “forced” flight home from the Olympics.
  3. Belarus border authorities were accused of escorting migrants to its border with the European Union to escalate the migrant crisis.
  4. A former Haitian Supreme Court judge was allegedly involved in the plot to arrest Haitian President Jovenol Moise, who was found dead.

New Scholarship

  1. Themistoklis Tzimas, Legal and Ethical Challenges of Artificial Intelligence from an International Law Perspective (2021) (examining human rights dimension of the application and governance of artificial intelligence)
  2. Beverly A. Cigler, Fighting COVID-19 in the United States with Federalism and Other Constitutional and Statutory Authority (2021) (assessing the constitutional and statutory authority of the U.S. President concerning pandemic preparedness)
  3. Titis Anindyajati, Limitation of the Right to Freedom of Speech on the Indonesian Constitutional Court Consideration (2021) (examining case law on the constitutional boundaries of the right to freedom of speech)
  4. Michael Conklin, The Amendability Paradox: Could an Unamendable Amendment Be Amended? (2021) (examining whether a constitutional amendment can make its content unamendable)
  5. Sulistyani Eka Lestari, Ahmad Siboy, The Alternative Designs Effort to Simplify the Number of Political Parties in Indonesia (2021) (discussing potential boundaries to an attempt to limit the number of political parties in Indonesia)

Calls for Papers and Announcements

  1. The Center for Constitutional Law at University of Akron School of Law is seeking proposals for its annual Constitutional Law Colloquium on “Sexual Orientation, Gender Identity, and the Constitution: How LGBTQ Rights are Defined, Protected, and Preempted” that will be held online on 4th of February 2022. Deadline for submissions is 30th September 2021.
  2. Indian Constitutional Law Review (ICLRQ) invites submissions for its Edition XIV on the topic “The Transformative Constitution.” Deadline for submissions is 20th August 2021.
  3. The Minerva Center for Human Rights at Hebrew University of Jerusalem invites submissions for its 16th Annual Minerva Conference on International Humanitarian Law on “Looking from the Outside In: Evaluating IHL from Other Normative Perspectives.” Deadline for submissions is 15th August 2021.
  4. International Criminal Law Review invites submissions for its Special issue “Time, Transition, and Justice.” Deadline for submissions is 30th September 2020.
  5. School of Legal Studies, REVA University, and the School of Law, Hemvati Nandan Bahuguna Garhwal University (HNBGU) – CENTRAL UNIVERSITY in collaboration with the National Anti-Doping Agency (NADA), Ministry of Youth Affairs and Sports, Government of India invite to participate in the International Conference on Sports Law that will take place on 29th August, 2021 to celebrate auspicious National Sports Day.

Elsewhere Online

  1. Charles Girard, Lessons from the French Citizens’ Climate Convention. On the role and legitimacy of citizens’ assemblies, Verfassungsblog
  2. Jesse Wegman, Thomas Jefferson Gave the Constitution 19 Years. Look Where We Are Now, The New York Times
  3. Marcin Szwed, Hundreds of judges appointed in violation of the ECHR? The ECtHR’s Reczkowicz v. Poland ruling and its consequences, Verfassungsblog
  4. Aymen Briki, Tunisia: Crafting a Consensus Democracy in a Dissensus Environment, IACL-AIDC Blog
  5. Academic Freedom as Democracy’s Last Defense. Open Letter in support of Professor Conrado Hübner Mendes, Verfassungsblog
  6. Alina Cherviatsova, Smothered by Russia’s Brotherly Embrace. Historical Unity of Russians and Ukrainians and Russia’s Geopolitical Claim, Verfassungsblog
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Published on August 9, 2021
Author:          Filed under: Developments
 

ICON Volume 19, Issue 2: Editorial

Editorial: The unequal impact of the pandemic on scholars with care responsibilities: What can journals (and others) do?; Guest Editorial: Constitutional innovations: Tackling incumbency advantage/abuse; In this issue

The unequal impact of the pandemic on scholars with care responsibilities: What can journals (and others) do?

COVID-19 has been devastating in all sorts of ways for communities and individuals everywhere, exacerbating existing inequalities and structural injustices, such as those pertaining to race, gender, and wealth.  And while the harms have been more brutal and life-changing in other contexts, the highly uneven impact of the pandemic has been felt amongst the relatively privileged scholarly community around the world too. The adverse effects of COVID-19 on scholarly work, and the costs of the pandemic, have been unevenly distributed across the academic community in ways that are becoming increasingly evident.  

In an ideal society, one free of patriarchal structures and practices, one would expect the burdens of caregiving to be evenly distributed. As a result, in such a society, the impact of the pandemic-related closing of schools and care-giving facilities would also be equally distributed. Unfortunately, the reality is otherwise. Even in pre-pandemic times, in heterosexual marriages, women do significantly more work, both in terms of housework and child-rearing, than their partners.[i] And in American law schools, data suggests a parallel phenomenon: women, and particularly, women of color, often see their service responsibilities go unrecognized and unrewarded.[ii]

The unsurprising result of these existing disparities is that the impact of the pandemic on the workplace, including academia, has been distinctively gendered. In the U.S. alone, nearly 3 million women left the workplace last year.[iii] Globally, data suggests that women were more likely to lose their jobs as a consequence of the pandemic in comparison to men, and other gender disparities, both in payment and in domestic work, were also heightened as a result.[iv] A recent survey found that while 71% of fathers reported better mental well-being as a consequence of working from home, only 41% of mothers did.[v]

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Published on August 7, 2021
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Pre-departure tests for Singapore citizens returning home: possibly constitutionally tricky in theory, but not in practice

Benjamin Joshua Ong, Assistant Professor of Law, Singapore Management University

Introduction

Can a state require that its own citizens may only enter upon production of a test result showing that they are not infected with COVID-19? Albania, Greece, Australia, Samoa, India, the Netherlands, and Cyprus have taken such measures at one time or another. On 26 May 2021, Singapore’s Ministry of Health announced a similar measure:

“… All travellers entering or transiting through Singapore (including SCs [Singapore citizens] and PRs [Singapore permanent residents]), except for those who have stayed in lower-risk countries/regions throughout the last 21 days before departure for Singapore, will need to present a valid negative COVID-19 PCR test taken within 72 hours before departure for Singapore. Only then will they be allowed to board their flight or ferry to Singapore.” [emphasis removed]

There is an exception: “Singaporeans who test positive for COVID-19 while overseas and require urgent medical care in Singapore can still return to Singapore via a medevac flight or other equivalent forms of conveyance.”

The pre-departure test requirement raises several previously unexplored issues stemming from Article 13(1) of Singapore’s Constitution, which provides: “No citizen of Singapore shall be banished or excluded from Singapore.”

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Published on August 4, 2021
Author:          Filed under: Analysis
 

How Many Times can Erdoğan be a Presidential Candidate?

Tolga Şirin, Associate Professor of Constitutional Law, Marmara University, Turkey.

Turkey’s new ‘presidentialism alla Turca’ has almost completed its fourth and a half years. The constitutional amendment supporters in the 2017 referendum claimed that the new system would stabilize and strengthen the country and bring a breakthrough in the economic and legal fields. These claims did not come true though. On the contrary, instability increased further, and the crisis deepened.[1]  The problem of legal unpredictability became more significant than it has ever been. To the extent that it is still not clear today even how many times President Recep Tayyip Erdoğan can be a presidential candidate.

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Published on August 3, 2021
Author:          Filed under: Analysis
 

What’s New in Public Law


Bárbara da Rosa Lazarotto, Master Student at the University of Minho – Portugal; Researcher at the International Legal Research Group on Human Rights and Technology of the European Law Students Association – ELSA, Legal and Compliance Lead at Women4Cyber Portugal Chapter.


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 iconnecteditors@gmail.com.

Developments in Constitutional Courts

  1. The Czech Constitutional Court rules against same-sex married couples in an ongoing adoption battle.
  2. The Constitutional Court of Slovakia suspended a government order that extended favourable treatment of fully vaccinated citizens when passing the border to people with just a first shot of the COVID-19 vaccine because the latter are not fully immunized.
  3. The Constitutional Court of São Tomé and Príncipe ordered a recount of votes in the presidential election following protests raised by many candidates.
  4. The Supreme People’s Court of China issued an interpretation on how businesses in China can use facial recognition technology. The Court prohibited businesses from forcing people to accept facial recognition applications to access services since it could infringe their rights.
  5. The Constitutional Court of Germany considers whether government users of Zero-Day surveillance malware have a duty to tell software developers about the flaws.

In the News

  1. Tunisian President Kais Saied dismissed the country’s PM and suspended the Parliament for 30 days. Under Tunisia’s 2014 Constitution, executive power is shared by the head of state, Prime Minister and the Parliament.
  2. After receiving the green light from its Constitutional Court, the French Parliament has approved a bill that makes COVID-19 vaccinations mandatory for health workers.
  3. Thousands of Polish judges have signed an appeal urging the state and justice to accept the European Union’s rulings following the escalation of facts regarding the disciplinary measures against polish judges, which contravene EU law.
  4. The Portuguese President Marcelo Rebelo de Sousa sent the newly approved Portuguese Charter of Digital Rights to an analysis of the Constitutional Court following the questionings regarding the constitutionality of article 6.º that aims to curb disinformation.
  5. Following the revelation of the use and abuse of the spy software Pegasus, the opposition in Hungary calls for the resignation of the Minister of Justice over allegations that Viktor Orbán’s government has been targeting journalists.
  6. Poland’s justice minister has asked its Constitutional Court to examine whether the EU Convention on Human Rights breaches the Polish Constitution.
  7. The Spanish Data Protection Agency fined the supermarket company Mercadona 2.5 million euros for unlawfully using facial recognition technology in some of their stores, violating the right of privacy of customers.

New Scholarship

  1. Nuno Garoupa, Rebecca D. Gill, and Lydia B. Tiede (eds) High Courts in Global Perspective (providing a comparative analysis of high court behavior and the scholarship needed for a deeper understanding of cross-national contexts).
  2. Ernst Hirsch Ballin, Gerhard van der Schyff, Maarten Stremler, Maartje De Visser (eds), European Yearbook of Constitutional Law (2021) (examining the position and powers of cities in the contemporary constitutional context, covering a broad range of constitutional systems).
  3. Antal Berkes, International Human Rights Law Beyond State Territorial Control, (2021) (examining the possibility of applying and enforcing international human rights law in a part of a State territory outside its effective control).
  4. Tom Ginsburg, The Future of Liberal Democracy in the International Legal Order: Is the International Legal Order Unraveling? (2021) (speculating on alternative scenarios and what they might mean for the persistence of liberal democracy as a going concern, through the lens of international law).
  5. Hiromi Sato, Multilayered Structures of International Criminal Law (2022) (presenting a comprehensive analysis of the regulation of crimes under international law).

Calls for Papers and Announcements

  1. The AALS Section on Comparative Law invites submissions for a works-in-progress panel at the January 2022 Annual Meeting on any subject related to Comparative Law. Papers must be no longer than 25,000 words (including footnotes) and include an abstract. Drafts must be submitted by midnight (EST) on August 31, 2021, to Erin Delaney (erin.delaney@law.northwestern.edu).
  2. The Bonavero Institute of Human Rights, the University of Oxford Centre for Comparative and Transnational Law, the Faculty of Law, Chinese University of Hong Kong Asian Law Centre, and Melbourne Law School extended the deadline for submissions for a workshop on  “Issues in Public Law in South Asia”. The deadline is 20th August more information can be found here.
  3. The Research Committee on Sociology of Law (RCSL) will hold this year’s Conference virtually. Interested parties who want to participate in the Working Group Meeting or want to make an active contribution, please contact Stefan Machura (s.machura@bangor.ac.uk) by August 1, 2021. Individual contributions, panels or round tables can be proposed.
  4. The Journal Law, Technology and Humans accepts papers for volume 3(2), to be published in November 2021. The deadline for submission is August 9, 2021.
  5. The Cumberland Law Review extends its call for papers for Issue 2 of Volume 52 to be published 2021-2022 academic year. The deadline is Monday, August 2, 2021.
  6. The Institutum Iurisprudentiae Academia Sinica (IIAS) invites submissions for the 9th Asian Constitutional Law Forum on “Asian Constitutionalism in Troubled Times,” the deadline for submission is November 1, 2021.
  7. The Maynooth University Law Department and the Centre for International Studies invite submissions for a conference on the “United Nations War Crimes Commission.” The deadline for submission is September 10, 2021.
  8. The Yale Journal of International Law has an open call for papers for the Volume 47 Symposium on “Managing Mixed Migration,” The submission deadline is August 31, 2021.
  9. The European Public Law Organization accepts applications for the 2021 study session that will be held online due to the conditions imposed by the COVID-19 crisis. The session will take place from August 23 to September 11, 2021.

Elsewhere Online

  1. Claudia Flores and Tom Ginsburg at the University of Chicago have launched a podcast called Entitled “A Podcast about Why Rights Matter and What’s the Matter with Rights”. The first two episodes are now up on Apple Podcasts, the podcast can also be accessed on its https://entitled.simplecast.com/ webpage or any other major podcasting platforms. The remaining episodes in this first season will be released every two weeks.
  2. The symposium on the book “Reframing Human Rights in a Turbulent Era” by Gráinne de Búrcahas been published by Brazilian International Law Association. The symposium includes submission in Portuguese and English from Fernanda Frizzo Bragato (prt), Juliana Cesario Alvim Gomes (prt/en), Mukami Wangai (en), and Gráinne de Búrca (en).
  3. Nicholas Kilford, The Supremacy of Retained EU Law: “We are lost, but we’re making good time!”, UK Constitutional Law Association Blog.
  4. Céline Romainville and Karel Reybrouck, Le débat sur la hiérarchie fédérale en Belgique. Nécessaire en temps de crise et en temps ordinaire?, Leuven Blog for Public Law.
  5. The IACL/AIDC Research Group on Public Law Responses to Public Health Emergencies has opened calls for new members.
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Published on August 2, 2021
Author:          Filed under: Developments
 

ICON’s Latest Issue: Table of Contents

Volume 19 Issue 2

Table of Contents

Editorial

I•CON: Debate!

Gila Stopler, The personal is political: The feminist critique of liberalism and the challenge of right-wing populism

Marcela Prieto Rudolphy, Right-wing populism, the reasonable, and the limits of ideal theory: A reply to Gila Stopler

Frank Michelman, The bind of tolerance and a call to feminist thought: A reply to Gila Stopler

David Dyzenhaus, The political conception of the legal person: A reply to Gila Stopler

Amy Baehr, The feminist critique of liberalism and the challenge of right-wing populism: A reply to Gila Stopler

Jan-Werner Müller, Rawls and right-wing populism—A qualified defense of the former: A reply to Gila Stopler

Gila Stopler, Patriarchal populism: A rejoinder

Symposium: Ely in the World: The Global Legacy of Democracy and Distrust Forty Years On

Rosalind Dixon and Michaela Hailbronner, Ely in the world: The global legacy of Democracy and Distrust forty years on

Claudia Geiringer, Ely in New Zealand

Rosalind Dixon and Amelia Loughland, Comparative constitutional adaptation: Democracy and distrust in the High Court of Australia

James Fowkes, A hole where Ely could be: Democracy and trust in South Africa

Michaela Hailbronner, Combatting malfunction or optimizing democracy? Lessons from Germany for a comparative political process theory

Sergio Verdugo, Limited democracy and great distrust: John Hart Ely in Bolivia and Chile

Roberto Niembro O., John Hart Ely in the Mexican Supreme Court

Manuel José Cepeda Espinosa and David Landau, A broad read of Ely: Political process theory for fragile democracies

Geoffrey Thomas Sigalet, Dialogue and distrust: John Hart Ely and the Canadian Charter

Symposium: Engagement with Rights in the Making of Counterterrorism Legislation

Talya Steiner, Engagement with rights in the making of counterterrorism legislation —Perspectives from three case studies: An introduction

Lila Margalit, The consideration of rights in the enactment of the Israeli counter-terrorism law

Andrej Lang, Non-judicial rights review of counterterrorism policies: The role of fundamental rights in the making of the counterterrorism database and the data retention legislation in Germany

Fiona de Londras and Jasmin Tregidga, Rights, proportionality and process in EU counter-terrorism law-making

Special Section

Or Bassok,The mysterious meeting between Carl Schmitt and Josef Redlich

Review Essay

Aziz Z. Huq, How (Not) to Explain a Democratic Recession. Review of Anne Applebaum. Twilight of Democracy: The Seductive Lure of Authoritarianism; Ruth Ben-Ghiat. Strongmen: How They Rise, Why They Succeed, How They Fail; John Keane. The New Despotism

Editors’ Choice of Books

Marian Ahumada, Richard Albert, Tom Ginsburg, and Wojciech Sadurski, Editors’ choice

Book Reviews: Women in Law

Gabriele Wadlig, Review of Gina Heathcote. Feminist Dialogues on International Law: Successes, Tensions, Futures

Blanca Rodriguez-Ruiz, Review of Paula A. Monopoli, Constitutional Orphan: Gender Equality and the Nineteenth Amendment

James Fowkes, Review of Julie C. Suk, We the Women: The Unstoppable Mothers of the Equal Rights Amendment

Elisabeth Perham, Review of Ruth Rubio-Marín and Helen Irving (eds). Women as Constitution-Makers: Case Studies from the New Democratic Era

Book Reviews

Stijn Smet, Review of Günter Frankenberg. Authoritarianism: Constitutional Perspectives

Tarik Olcay, Review of Felix Petersen and Zeynep Yanaşmayan (eds). The Failure of Popular Constitution Making in Turkey: Regressing Towards Constitutional Autocracy

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Published on July 30, 2021
Author:          Filed under: Editorials
 

Self-Determination without Democracy: The Curious Case of the Horn of Africa

Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg

[Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]

What course the postcolonial state and its people should take to achieve liberation and self-determination, in the full sense of these terms, has been one of the big questions that has confronted Africans since the dawn of colonialism. While this question seems to be answered in much of Africa, it is still an outstanding issue in the Horn of Africa. There were two major ways of constituting self-determination after independence. One was by the complete redrawing of the colonial borders—either going back to precolonial times or forming a new political geography based on African terms and African values. The justification for this was that the colonial state – illegitimate and alien at its core by its very nature, form, and substance – is impossible to democratize without completely dismantling it.[1] The second was by adopting a theory of government within the existing borders, which not only would redeem the illegitimate origin and logic of the state but also could enable it to serve the needs and interests of its people. This was the most widely accepted route to full liberation throughout the continent not the least due to pragmatic, ideational, and international realities.

Accordingly, the territorial borders, peoples, and sovereignties of the colonial states were reaffirmed, while the theory of government has been contested. But the Horn of Africa has taken a slightly different route in constituting self-determination. Here, the contestation is not limited to the (liberal) theory of government, but also has extended to territorial borders, peoples, and sovereignties. It is not only the theory of government, but the state as such has been contested more than any other region on the continent. 

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Published on July 28, 2021
Author:          Filed under: Analysis
 

Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legality | Part 4 | Tension and Legality: Response to Commentators

Margit Cohn, Hebrew University of Jerusalem Faculty of Law

While writing this book, and after it was published, I hoped that academics would be interested in my work, to an extent that they would not only read the book but, hopefully, both understand its main points, and be driven to comment on some of the points made. The panel held during the 2021 ICON-S Mundo Conference and its fruit, this series of blogs, shows, that my hopes were answered. I cannot thank the panel members enough for their important contributions at the conference and in this blog series. All I can do for now, beyond sending a message of appreciation, is to briefly address some of the points made. Criticism is just as important as praise; all comments made have enriched my understanding of the ways I, and my colleagues, current and future, can further develop the study of the executive branch. So, I first set aside the praise (difficult as this may be for a human being such as myself) and focus on the panelists’ comments and suggestions.

Professor Weill has presented a well-rounded and concise description of the book, as has Dr Conor Casey; both set an excellent base-point for further exploration.

Law and politics: all commentators in this blog series are aware of the intricacies of the continuous interaction between these two spheres. I fully agree: this was an interdisciplinary exercise, the only type of scholarship that, in my mind, best informs the study of law.

Fuzziness as a model of law instructing the executive branch: I am flattered by Professor Tushnet’s link between my work and Karl Llewellyn’s canons of statutory interpretation. I did not think of this link, and it was very fruitful to rethink my account in light of this classic contribution. I do believe that the types of fuzzy law discussed in the book offer a distinct vision of the nature of law. In other words, the thirteen forms of fuzziness analyzed in the book support a general argument for the indeterminacy of law; thus the book can offer an introduction to a general account of law and its machinations, at least in public law.  

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Published on July 27, 2021
Author:          Filed under: Reviews
 

Decolonizing Comparative Constitutionalism


Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin


In “Comparative Law and Decolonizing Critique,” Professor Sherally Munshi suggests four paths for comparative law scholars to reorient their research toward decolonizing legal scholarship.

Munshi’s paper is a call to action for all of us engaged in comparative law, especially for scholars of comparative constitutionalism, given that constitutions have historically often been tools of colonization, suppression, and the violent subordination of indigenous self-government.

It is worth considering how Munshi’s suggestions might be deployed to make progress on decolonizing comparative constitutionalism.

***

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Published on July 26, 2021
Author:          Filed under: Analysis