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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Posts tagged "constitutional amendment"
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What’s at Stake in the Turkish Constitutional Amendment Proposal

–Ilayda Gunes, The University of Chicago Law School In the wake of the failed coup attempt of July 15, 2016, Turkey has been struggling to heal its wounds under a state of emergency. Apart from the loss of hundreds of lives and more than 2,000 injured in clashes during the abortive coup, the country has also

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Published on April 14, 2017
Author:          Filed under: Developments
 
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The Italian Constitutional Challenge: An Overview of the Upcoming Referendum

—Lorenza Violini, Full Professor of Constitutional Law, University of Milan, and Antonia Baraggia, Post-doctoral Fellow, University of Milan As it is well known, Italy is in the midst of a great constitutional reform, which–if approved by the referendum that will be held on December 4th–will modify 47 Articles of the Constitution (corresponding to 33% of the

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Published on December 2, 2016
Author:          Filed under: Developments
 
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Preservationist Constitutional Amendments and the Rise of Antipolitics in Brazil

—Juliano Zaiden Benvindo, University of Brasília Ran Hirschl, in his book Towards Juristocracy, raises a very thorough argument on how political, economic, and judicial elites have strategically used Supreme Courts as “a form of self-interested hegemonic preservation.”[1] As a way of keeping many of their interests virtually untouched for years, especially in democratic and pluralistic

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Published on October 26, 2016
Author:          Filed under: Developments
 
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Virtual Bookshelf: Understanding Constitutional Change in Canada–A Review of “Constitutional Amendment in Canada,” Edited by Emmett Macfarlane

—Richard Albert, Boston College Law School In his influential though dated study of formal amendment difficulty, Donald Lutz examines the amending procedures for 32 countries and concludes that the United States Constitution is the most difficult to amend.[1] Notwithstanding the all-important questions raised by Tom Ginsburg and James Melton–whether and how much the amending rule matters

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Published on September 21, 2016
Author:          Filed under: Reviews
 
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The Brazilian Constitutional Amendment Rate: A Culture of Change?

—Juliano Zaiden Benvindo, University of Brasília Tom Ginsburg and James Melton, in their fascinating article “Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty, raise a powerful argument against the well-worn claim that the number of amendments is directly related to the flexibility of constitutions.[1] Their argument,

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Published on August 10, 2016
Author:          Filed under: Analysis
 
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“De-constitutionalism” in Turkey?

–Dr. Ali Acar, Ph.D. in Law, EUI Can “de-” be a modifier to describe the constitutionalism in a country? [1] This is what Prof. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey.[2] He argues that Turkey undergoes a process of de-constitutionalism through various ways and practices of constitutional

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Published on May 19, 2016
Author:          Filed under: Analysis
 
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Closing Remarks at Symposium on “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment”

[Editor’s note: In 2014, I organized the inaugural AALS Academic Symposium. The subject of the Symposium was “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment,” and the program was held in New York City at the AALS Annual Meeting. Half of the papers have been published in the latest issue of ICON; the other

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Published on December 9, 2015
Author:          Filed under: Analysis
 
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Article Review: Reijer Passchier on Vicki Jackson’s “The (myth of un)amendability of the US Constitution and the democratic component of constitutionalism”

[Editor’s Note: In this special installment of I•CONnect’s Article Review Series, Reijer Passchier reviews Vicki Jackson‘s article on The (myth of un)amendability of the US Constitution and the democratic component of constitutionalism, which appears in the current issue of I•CON. The full article is available for free here.] Review by Reijer Passchier –Reijer Passchier, PhD Candidate at Leiden

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Published on November 17, 2015
Author:          Filed under: Reviews
 
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South Asian Constitutional Convergence Revisited: Pakistan and the Basic Structure Doctrine

—Majid Rizvi, Ph.D. Candidate, School of Law, University of Edinburgh In a contribution published on I.CONnect in January 2010, Richard Albert observed that the Supreme Court of Pakistan, in what was at the time a recent landmark judgment, seemed to be endorsing a view that closely approximates what is known in Indian public law as

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Published on September 18, 2015
Author:          Filed under: Developments
 
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Corporate Campaign Contributions in Brazil: Of Courts, Congresses, and the Agendas of Individual Justices

—Juliano Zaiden Benvindo, University of Brasilia Debates over the relationship between Congress and the Judiciary are quite common in the comparative constitutional literature, especially in the current scenario of rising activism of constitutional courts worldwide. Particularly interesting is to observe how Supreme Courts and Parliaments negotiate the pace of their decisions, sometimes in a symbiotic

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Published on July 3, 2015
Author:          Filed under: Developments