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I·CONnect

Blog of the International Journal of Constitutional Law

The Federal Supreme Court of Iraq from Interpreting to Amending the Constitution: KRG’s Oil Judgement as an Example

Majida S Ismael, Researcher at Liverpool John Moores University and Former Lecturer at University of Dohuk-Kurdistan

Has the federal supreme court of Iraq taken every opportunity to address and get involved in the political process in the country? Why, for many observers of the political process in Iraq, have the recent judgments issued by the court uncovered the long process of politicization of the judiciary in post-2003 Iraq? When political authorities are powerful, would the court avoid deciding politically high-profile cases and questions than when there is political and legal uncertainty?

In our legal opinion, as we follow the court over the past decade, we agree with other academics and observers that the recent decisions issued by the Federal Supreme court of Iraq, in early 2022, on matters of elections, political process, formation of the new government, and most important and recent one on the KRG’s oil legislation are alarming and raise some fundamental constitutional questions on the legitimacy of the court and judgments’ compliance or contradiction with the constitution. The latest judgment on (No 59/2012 issued on 15 February 2022), that declares unconstitutional the Oil and Gas Law of the Kurdistan Region has intensified academic and political criticisms of the court and re-emerged the debate on the constitutionality of the court itself.

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Published on March 24, 2022
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Dead or Alive?: The Taliban and the Conundrum of Afghanistan’s 2004 Constitution

Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law

[Editor’s Note: This is one of our biweekly ICONnect columns. For more information on our 2022 columnists, see here.]

One of the closely observed aspects of the Taliban’s recent takeover of Afghanistan has been the group’s views on constitutionalism, and how they may address the validity of the country’s 2004 Constitution. The Taliban, however, are remarkably ambivalent and deliberately vague when it comes to the future of the 2004 Constitution or to drafting a new fundamental charter. In fact, they have sent mixed signals about what type of a constitutional order they envisage for a transformed Afghan society. In September 2021, the Taliban Acting Minister of Justice stated that their government planned to “implement” Afghanistan’s 1964 Constitution as an interim charter. In February 2022, in a meeting with the European Ambassador to Afghanistan, Taliban Acting Foreign Minister pledged to “respect [the 2004] Constitution.” Likewise, the head of the Constitutional Oversight Commission, an institution originally established under the 2004 Constitution, indicated that Afghanistan’s Constitution remains “operative,” but its chapters on the president and the parliament are effectively “suspended.”

Perhaps most strikingly, the 2004 Constitution is still labeled as Afghanistan’s “enforced constitution” on the website of the Ministry of Justice. This is startling because the Taliban have made some fundamental changes to the Justice Ministry’s website including removing the biography of the former Minister of Justice and replacing it with the Taliban Justice Minister as well as replacing Afghanistan’s tricolor flag with that of the Taliban’s own ensign.

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Published on March 23, 2022
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What’s New in Public Law


Anubhav Kumar, Advocate, Supreme Court of India & Researcher at Bar Association of India (BAI)


Developments in Constitutional Courts

  1. The German Federal Constitutional Court rejected several challenges to the provisional application of a controversial free trade agreement between the EU and Canada.
  2. The Constitutional Court of Hungary annulled the ruling of the Supreme Court, according to which the government had violated the electoral procedure law by sending a newsletter to electorates at the end of February.
  3. The Supreme Court of India upheld the validity of the Union Government’s decision related to “One rank one pension” for defense personnel.
  4. The UK Supreme Court has refused to hear Julian Assange’s appeal to test the US diplomatic assurances not to torture him.

In the News

  1. The International Court of Justice (ICJ) at Hague has ordered Russia to halt its invasion of Ukraine as the Court did not see evidence to support the Kremlin’s justification for the war.
  2. A conservative federal appeals court judge, in an unusual email, urged the US Judiciary not to hire Yale Law student protesters as clerks.
  3. The Chief Justice of India, N V Ramana met with HE Abdullah bin Sultan bin Awad Al Nuaimi, UAE Minister Of Justice, discussed the pending extradition orders and consular access to Indians in UAE prisons.
  4. President of Kazakhstan Kassym-Jomart Tokayev proposed constitutional reforms to limit the powers of his office, including a promise to establish a Constitutional Court in Kazakhstan.
  5. South African Parliamentary committee inquiry will resume its work in looking at whether there are grounds to remove Public Protector Busisiwe Mkhwebane from office.
  6. The Georgian government announced that it will sue the President in Constitutional Court over competencies and for what it perceived were breaches of constitional law.
  7. The Supreme Court of Pennsylvania affirmed the state’s new legislative district maps.
  8. The Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s three decisions in Overtime Class Action Appeal.

New Scholarship

  1. Laura-Stella Enonchong, Unconstitutional constitutional amendment or constitutional dismemberment? A reappraisal of the presidential term limit amendment in Cameroon (2022) (arguing that a constitutional amendment on term limits in Cameroon was a constitutional dismemberment)
  2. Amanda Klassen, From Vulnerability to Empowerment: Critical Reflections on Canada’s Engagement with Refugee Policy (2022) (critically examining how the framing of refugee women as vulnerable instead of actors with the capacity to participate in policymaking has impeded progress)
  3. Stephen J. Eichhorn, Resource extraction as a tool of racism in West Papua (2022) (critically examining the effects of resource extraction on cultural sustainability and presenting it as a form of racism)
  4. Dimitrios Kyritsis and Stuart Lakin (eds), The Methodology of Constitutional Theory (2022) (systematically re-examining the methodology of constitutional theory in the context of the increasing polarisations in law, politics, and constitutional scholarship)
  5. Jeffrey S. Sutton, Who Decides? States as Laboratories of Constitutional Experimentation (2022) (arguing that American federalism allows the states to serve as laboratories of innovation for protecting individual liberty and property rights as well as structural guarantees)
  6. Aziz Z. Huq, International Institutions and Platform-Mediated Misinformation (2022) (showing how international law and institutions can mitigate or exacerbate harms to democracy from the diffusion of misinformation and hate speech on social-media platforms)
  7. Tonja Jacobi & Elliot Louthen, The Corrosive Effect of Inevitable Discovery on the Fourth Amendment (2022) (examining the application of the inevitable discovery doctrine in the US)
  8. David S. Law (ed), Constitutionalism in Context (2022) (providing a sweeping analysis of constitutionalism in context, its theory, methodology, pedagogy, as well as case studies)

Calls for Papers and Announcement

  1. The Constitutional Court of the Republic of Indonesia is hosting 5th Indonesian Constitutional Court International Symposium (ICCIS), which will take place in Bali, on October 5-7, 2022, and is accepting papers & ideas for publication. The Theme of the Symposium is “constitutional court and conflict resolution.”
  2. Department of Political Science and International Relations – University of Palermo is hosting a IAL Palermo conference on 14-15th October 2022. More details can be accessed here.
  3. Azeem Premji University in India has called for Nomination for its Advanced graduate workshop on Poverty, Globalization and Development, to be organized on July 10-23rd, 2022. One can find the call for nomination here.
  4. The Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law and the University of Birmingham has called for papers for its 11th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law to be held on 8th -10th June 2022.
  5. The Rutgers Center for Transnational Law (United States) in partnership with The Diego Portales Public Law Program (Chile) organizes a Symposium on International Law and Constitution-Making on 18th May 2022. One can submit their abstract before April 1, 2022, here.
  6. The University of Graz is accepting proposals on the topic of digital transformation as a democratic moment for its conference UNITOPIA 2022 from May 12-14, 2022.
  7. The Department of Political Science at the Autonomous University of Barcelona (UAB) invites applications for a Postdoc position in the ERC-funded research project “Reconciling Citizens with the Trade-offs of Democracy: Attitudes Toward Democracy Under Rising Politicization,” led by Professor Enrique Hernández.

Elsewhere Online

  1. Conall Mallory, Beyond Fantasy Island: The British solution to the extraterritorial conundrum, U. K Constitutional Law Association
  2. Deepak Raju, Ukraine v Russia: A “Reverse Compliance” case on Genocide, EJIL Talk
  3. Sarah Ganty, Surrogacy as Citizenship Deprivation in S.-H. V. Poland, Strasbourg Observers
  4. Joseph Geng Akech, What is in it for Them? Guarantees for Protecting Minorities Under the Constitutional Regime in South Sudan, IACL-AIDC Blog
  5. Fahima Sirat, Violence Against Women: Before and After the Taliban, Oxford Human Rights Hub
  6. Gautam Bhatia, Between Agency and Compulsion: On the Karnataka High Court’s Hijab Judgment, Indian Constitutional Law and Philosophy
  7. Allison Alexy, Japanese family law must change, East Asia Forum
  8. Mikhail Sokolov, Are Russian Academics Liberal, Open Democracy
  9. Padmini Subhashree, Code Red: Decoding the latest IPCC climate risk report, The Analysis
  10. Omphemetse S Sibanda, The Poisoned Chalice of a Judge-Led Inquiry into State Capture, African Law Matters
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Published on March 21, 2022
Author:          Filed under: Developments
 

Author Interview Series: David Bilchitz’s Fundamental Rights and the Legal Obligations of Business

David Landau, Florida State University College of Law

In this new episode of our author interview series, ICONnect co-editor David Landau interviews David Bilchitz (University of Reading & University of Johannesburg) about his new book, Fundamental Rights and the Legal Obligations of Business (Cambridge University Press 2021).

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Published on March 18, 2022
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The Success, Failure, and Reality of Judicial Amendment

Emmett Macfarlane, University of Waterloo

[Editor’s Note: This is a rejoinder by Emmett Macfarlane to two replies to his recent ICON article, Judicial Amendment of the Constitution.]

I am grateful that my article, Judicial Amendment of the Constitution, has received two thoughtful and productive responses by such esteemed scholars. Both responses seek to interrogate and expand upon the factors I present for distinguishing between judicial interpretation and judicial amendment, and while my focus in the article was on the empirical dimensions, both responses also (unsurprisingly) extend the discussion into more fundamental normative terrain. Given the limited space I have, I will assume readers have read the relevant pieces[1] and avoid rehashing the arguments.

Erin Delaney and Christopher Schmidt’s primary objective is to extend my approach by introducing a temporal factor. They write, correctly, that my focus is on a decision as it is handed down, and what it purports to do, rather than an analysis of the subsequent events to identify whether the public has accepted a judicial opinion as an amendment, something that, in their view, “helps to differentiate between an illegitimate or contested opinion and a judicial amendment of the constitution.”[2] Delaney and Schmidt explore the events following Brown v. Board of Education, a case they assert meets my criteria for judicial amendment and whose eventual acceptance by political actors and the public affirmed its place as a constitutional text.

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Published on March 17, 2022
Author:          Filed under: Editorials
 

Can There be Classics of Comparative Constitutional Law Theory?

Bryan Dennis G. Tiojanco, Project Associate Professor, University of Tokyo, Graduate Schools for Law and Politics. Twitter: @botiojanco

[Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.]

In a paper talk I gave late last month I got advice that had me thinking about the question above.

“Prioritize ideas as opposed to authors or even author’s books,” said the commenter.

The paper was both a response to Rosalind Dixon’s forthcoming book Responsive Judicial Review (RJR) and the beginnings of a comparative constitutional law theory inspired by my engagement with her ideas. Dixon considers RJR neo-Elyian because it updates John Hart Ely’s vision of courts as correctors of deficiencies in the democratic process. One of my arguments is that the book is also profoundly anti-Elyian because it advocates noninterpretivism, an approach to judicial review Ely had pointedly rejected. Naturally I dwelled on Ely’s works (prominently Democracy and Distrust[1]) as much as on RJR. But more than this, in developing my theory I discussed other books, including Montesquieu’s The Spirit of the Laws, Bruce Ackerman’s We the People 1, and Jack Balkin’s Living Originalism.

“I know that these are major theorists and you are responding to them,” acknowledged the commenter, but, again, “prioritize ideas as opposed to authors.”

Imagine if this comment had been given to an essay on political theory or analytical jurisprudence. Political theory routinely answers its central question ‘How can societies best govern themselves?’ by conversing with authors such as Machiavelli, Hobbes, Locke, and Rawls. Analytical jurisprudence, too, routinely answers its central question ‘What is Law?’ by conversing with authors such as Austin, Kelsen, Hart, and Dworkin. The response might be something like ‘These authors wrote classics in the field. Taking their thoughts seriously throws instructive light on the inquiry.’

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Published on March 17, 2022
Author:          Filed under: Analysis
 

What’s New in Public Law


– Irina Criveț, PhD Candidate in Public Law, Koç University


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 Constitutional Court of Ukraine initiated the termination of the membership of the Constitutional Courts of the Russian Federation and Belarus in the World Conference on Constitutional Justice. Consequently, the Constitutional Court of Russia announced it has withdrawn from the Conference of Constitutional Courts of Europe (CECC) as of March 5.
  2. The Polish Constitutional Tribunal found that European Convention on Human Rights is ‘incompatible’ with the Constitution.
  3. The Supreme Court of Canada will decide whether a Quebec law that forbids the growing of cannabis for personal use is in line with the constitution.
  4. The Colombian Constitutional Court recognized a non-binary gender marker.
  5. The Constitutional Court of Spain annulled many provisions of the Catalan rent cap law that came into effect in September 2020.

In the News

  1. EU heads of states and governments present in Versailles on the 10th of March 2022 support Ukraine in pursuing its European path.
  2. Justice Radwa Helmi became the first woman to sit on the bench of Egypt’s State Council, a top court in the country.
  3. The Council of Europe’s Committee of Ministers consulted with the Parliamentary Assembly on further measures to be taken under Article 8 of the Council of Europe’ Statute in response to the serious violations by the Russian Federation of its statutory obligations as a Member State.
  4. Chief Justice of the Rajasthan High Court Akil Kureshi retired Sunday ending a remarkable nearly two-decade-long career as a judge of a constitutional court.
  5. South African judge Raymond Zondo was appointed on Thursday as head of the Constitutional Court.
  6. Constitutional Court Justice Aldis Lavins was elected president of the Latvian Constitutional Court on Thursday.

New Scholarship

  1. George Tsebelis, Constitutional Rigidity Matters: A Veto Players Approach British Journal of Political Science 52(1) (2022) (explains why the lack of constitutional rigidity is a necessary but not sufficient condition for significant constitutional amendments in democratic countries)
  2. Jerg Gutmann, Roee Sarel and Stefan Voigt, Measuring Constitutional Loyalty: Evidence from the COVID-19 Pandemic ILE Working Paper Series, No. 55 (2022) (show that the citizens’ support for Covid-19 mitigation policies declines if courts signal doubts about their constitutionality and that effect of constitutional loyalty depends on citizens’ characteristics, such as their confidence in the courts and their moral convictions)
  3. Gauri Pillai, A Continuing Constitutional Conversation: Locating Nitisha International Journal of Discrimination and the Law 22 (1) (2022) (examines the role the Nitisha v Union of India had in India’s constitutional jurisprudence on non-discrimination) 
  4. Antonio-Martín Porras-Gómez, Constitutional bills of rights and democratic transformation in post-authoritarian scenarios, The International Journal of Human Rights (2022) (examines the relationship between bills of rights and democratic transformation processes in post-authoritarian settings)
  5. Guha Krishnamurthi, The Constitutional Right to Bench Trial, North Carolina Law Review, 100 (forthcoming 2022) (offers a comprehensive and multimodal argument that defendants have a constitutional right to bench trial)

Calls for Papers and Announcements

  1. Tel Aviv University announced the launch of the Emergency Fellowship Fund for Ukrainian Graduate Students. The application must be sent to Michal Linder at TAU International –Intlprojects@tauex.tau.ac.il including a 1-page (up to 500 words) statement describing the research, letter of recommendation from the advisor and a document showing active status at home university in Ukraine. The applications will be considered on a rolling basis effective immediately and until further notice.
  2. The Melbourne Law School issued a call for applications for postdoctoral fellows in International Law. The deadline for applications is 11 May 2022.
  3. The Research Centre for East European Studies (Forschungsstelle Osteuropa – FSO) at the University of Bremen launched the Hans Koschnick Special Scholarships For Researchers At Risk for researchers at risk from Ukraine and threatened researchers from Russia and Belarus.
  4. The Faculty of Law of UiT The Arctic University of Tromsø issued a call for proposals for the 2022 Critical Legal Conference. The theme of this year is LIMINALITIES. Please send your proposals to vito.delucia@uit.no.
  5. ICON-S Chapter Germany invites participants to the 2nd Conference that will take place on 15-16 September 2022 – Margins in/of Law – at Justus Liebig University, Giessen. The abstract (500-max. 1000 words) and a short CV (max. 2-3 pp.) must be sent to iconsdeutschland@gmail.com in German or English by April 15, 2022.

Elsewhere online

  1. Saeed Bagheri, Discredit to the Turkish Government Over the Social and Political Inequalities, Oxford Human Rights Hub
  2. João Alípio Correa, Autocratisation: the key to capturing today’s democratic difficulties, The Loop ECPR’s Political Science Blog
  3. Utkarsh Roy, The Constitutional Case Against EWS Reservations – Exploring the Principle of Reparative Justice under the Indian Constitution,  Indian Constitutional Law and Philosophy
  4. Jeff Sebo, Why does justice for animals matter?, OUPblog
  5. Geo Quinot, The Urgency of Procurement Reform after State Capture in South Africa, African Law Matters Blog
  6. Eliav Lieblich, Not Far Enough: The European Court of Human Rights’ Interim Measures, Just Security
  7. Elisa Chieregato, The first CJEU decision on domestic workers: the role of EU equality law in challenging unjustified exclusions from labour rights and social protections, European Law Blog
  8. South Korea’s populist turn, East Asia Forum
  9. Evghenii Ceban, The humanitarian crisis brewing on Ukraine’s border, Open Democracy
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Published on March 15, 2022
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ICON Volume 19, Issue 5: Editorial

Editorial: Germany v Italy: Jurisdictional Immunities—Redux (and Redux and Redux); 10 good reads; I•CON Thematic Reading Lists; Behind the scenes—Our Managing Editor; In this Issue

Germany v Italy: Jurisdictional Immunities—Redux (and Redux and Redux)

[J.H.H. Weiler’s Editorial was previously published on the ICONnect blog at the following link.]

10 good reads

[J.H.H. Weiler’s list of 10 good reads was previously published on the ICONNect blog at the following link.]

I•CON Thematic Reading Lists

We are instituting a new I•CON feature, which consists of thematic reading lists drawn from the articles, reviews and essays published in the Journal over the years. We begin with the fields of administrative law, democracy, environment, gender and migration. The lists will be made available online at https://academic.oup.com/icon and will be freely accessible. We hope readers will find these collections useful for teaching, research and other purposes, and will enjoy revisiting these works.

JHHW and GdeB

Behind the scenes—Our Managing Editor

When watching a memorable movie, we tend to focus on the actors, the director and the screenwriter. But those in the business will tell you that absent an effective and talented Production Manager, no manner of talent will save the movie. This is just as true for scholarly journals where the Managing Editor is the person who is constantly vigilant to make sure that all the pieces come together as they should, from submission to final print. I•CON and EJIL owe a huge debt to our wonderful Managing Editor, Anny Bremnerher professionalism, talent and dedication have more than once saved us from disasters big and small. Indeed, any imperfections in the Journal you may find are despite her and not because of her. You may be thinking, as you read this, that it is the customary thanks that ensue when someone is leaving a team. Perish the thought! We are looking forward to many more years in her capable hands. The reason for taking this opportunity to acknowledge her invaluable contribution to the Journal is to enable our readers to share our appreciation of the person who keeps the ship sailing so smoothly.

JHHW and GdeB

In this issue

The issue comprises a Symposium on Cultural Heritage, no less than three ICON: Debates!, and several individual articles and book reviews.

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Published on March 13, 2022
Author:          Filed under: Editorials
 

ICON Volume 19, Issue 5: Table of Contents

Volume 19 Issue 5

Table of Contents

Editorial: Germany v Italy: Jurisdictional Immunities—Redux (and Redux and Redux); 10 good reads; I•CON Thematic Reading Lists; Behind the scenes—Our Managing Editor; In this Issue

Honor Roll of Reviewers 2021

Articles

Tom Ginsburg and Mila Versteeg, The bound executive: Emergency powers during the pandemic

Ming-Sung Kuo, Whither judicial dialogue after convergence? Finding transnational public law in nomos-building

Ezequiel Gonzalez-Ocantos and Wayne Sandholtz, Constructing a regional human rights legal order: The Inter-American Court, national courts and judicial dialogue

Jan Podkowik, Robert Rybski and Marek Zubik, Judicial dialogue on data retention laws: A breakthrough for European constitutional courts?

Peter Szigeti, Comparative law at the heart of the immigration law: Criminal inadmissibility and conjugal immigration in Canada and the United States

Critical Review of Jurisprudence

Taís Penteado, The abortion jurisprudence in Brazil: An analysis of ADPF 54 from feminist equality-based perspectives

Symposium: Securing Cultural Heritage?

Felicia Caponigri, Lorenzo Casini and Sabino Cassese, Securing cultural heritage? Understanding the law for our monuments, artworks, and archives today

Elisa Bernard, Nationalism versus “identity pluralism”? Preserving and valorizing archaeological heritage

Felicia Caponigri, The Italo Balbo monument: A case study of identity and comparative public law

Anna Ghezzi, Filing the world: Archives as cultural heritage and the power of remembering

Anna Pirri Valentini, The role of cultural heritage policies in the definition of a national identity

Empirical Constitutional Scholarship: ICON: Debate!

Stefan Voigt, Mind the Gap: Analyzing the divergence between constitutional text and constitutional reality

Niels Petersen and Konstantin Chatziathanasiou, Empirical Research in Comparative Constitutional Law –the Cool Kid on the Block or all Smoke and Mirrors?

Zachary Elkins and Tom Ginsburg, On disruption and leximetrics: A response to Niels Petersen and Konstantin Chatziathanasiou

Adam Chilton and Mila Versteeg, Measurement and causal identification in constitutional law: A response to Niels Petersen and Konstantin Chatziathanasiou

Niels Petersen and Konstantin Chatziathanasiou, On the seductions of quantification: A rejoinder

ICON: Debate!

Ruiping Ye, Shifting meanings of fazhi and China’s journey toward socialist rule of law

Jerome A. Cohen, “Rule of law” with Chinese characteristics: Evolution and manipulation

Wen-Chen Chang, The limited function of law in transforming rule of law:  A reply to Ruiping Ye

ICON: Debate!

Emmett Macfarlane, Judicial amendment of the constitution

Kate Glover Berger, Judicial amendment and our constitutional lives

Erin F. Delaney and Christopher W. Schmidt, There’s something about Brown: A reply to Emmett Macfarlane

Book Reviews

Maria Moscati, Review of Alice Margaria. The Construction of Fatherhood. The Jurisprudence of the European Court of Human Rights

Pierfrancesco Rossi, Review of Odile Ammann. Domestic Courts and the Interpretation of International Law: Methods and Reasoning Based on the Swiss Example

Angelo Jr Golia, Review of Mariano Croce and Marco Goldoni. The Legacy of Pluralism. The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati

Zubair Abbasi, Review of Rachel M. Scott. Recasting Islamic Law: Religion and the Nation in Egyptian Constitution Making

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Published on March 10, 2022
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Review Essay: Nicholas Barber, The United Kingdom Constitution: An Introduction (Oxford, Clarendon Law, 2022)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Stephen Tierney reviews Nicholas Barber’s book “The United Kingdom Constitution: An Introduction” (Oxford: Clarendon Law, 2022)


Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh; Legal Adviser, House of Lords Constitution Committee

Nicholas Barber’s excellent new book is published at a time of great flux in the constitution of the United Kingdom. The book is wide ranging in its approach; it covers all of the main dimensions of the constitution in a relatively modest 360 pages, and it does so in a multi-layered approach that combines empirical exposition, doctrinal analysis, theoretical sophistication and carefully argued critical reflection.

General accounts of the UK constitution tend to fall into two camps: textbooks, of which there are numerous excellent examples, and shorter overviews which attempt to take the measure of the subject in a more discursive and less empirically-detailed way. An early example of the latter tradition is Colin Munro’s Studies in Constitutional Law; more recent accounts have been offered by Adam Tomkins in Public Law and Martin Loughlin in The British Constitution: A Very Short Introduction. Barber’s book is of this type but it is very much a distinctive contribution.

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Published on March 8, 2022
Author:          Filed under: Analysis