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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "constitutional design" (Page 2)
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New Scholarship Review: Interview with Jonathan Marshfield on Federalism and the Amendment Power

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

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

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

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Published on February 20, 2015
Author:          Filed under: New Voices
 
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Video Interview: Trends in Modern Authoritarianism Featuring Ozan Varol

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Ozan Varol on trends in modern authoritarianism. In the interview, we discuss how modern authoritarians use constitutional design and the law to serve their objectives. We also discuss recent scholarship on the subject, including a paper on Stealth

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Published on October 10, 2014
Author:          Filed under: Analysis
 
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Note on the Provisional Constitution of the Federal Republic of Somalia

—Antonios Kouroutakis, University of Oxford, Faculty of Law The Provisional Constitution of the Federal Republic of Somalia (the Constitution) is the supreme law of Federal Republic of Somalia (Somalia). The drafting process occurred under the auspices of United Nations, and on 1 August 2012, the National Constitutional Assembly approved the Constitution by an overwhelming majority. The Constitution

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Published on September 18, 2013
Author:          Filed under: Developments
 
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Egypt: What’s Next?

—Mohamed Abdelaal, Assistant Professor of Constitutional and Administrative Law, Alexandria University, School of Law Was the overthrow of President Mohamed Morsi on June 30 a popular revolution or a military coup? The debate is outdated. What is more important is that the events of June 30 returned Egypt to square one, right back where it

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Published on August 12, 2013
Author:          Filed under: New Voices
 
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Why Entrench Formal Amendment Rules?

–Richard Albert, Boston College Law School Constitutional changes, both big and small, are underway in Egypt, Fiji, Tunisia and elsewhere. Constitutional designers in these and other countries face daunting challenges in dividing powers between governmental branches, balancing state prerogatives with individual rights, and managing majority-minority relations. Constitutional designers should also be particularly attentive to their

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Published on August 5, 2013
Author:          Filed under: Analysis, New Voices
 
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Creating a Constitutional Process Design for Libya via Constitutional Amendment

—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration

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Published on March 8, 2013
Author:          Filed under: Developments
 
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill

–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter

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Published on February 2, 2013
Author:          Filed under: Developments
 
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The First Haitian Constitution

—Richard Albert, Boston College Law School As we follow Haiti’s slow march toward democracy in the news, media reports often highlight that Haiti is the poorest nation in the western hemisphere and the world’s first independent black republic. Yet what is often if not always missing is this: Haiti adopted one of the first written

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Published on January 21, 2013
Author:          Filed under: Analysis
 
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Egypt and the Forgotten Lessons of Democratic Transitions (Or: Democracy is Hard)

—David Landau, Florida State University College of Law [Editors’ Note: In this forum on Egypt and New Perspectives on Constitution-Making, three young scholars of comparative constitutional law – Ozan Varol, Will Partlett, and David Landau – discuss their recent work on constitution-making and democratic transitions, focusing on Egypt. The work offers counter-intuitive predictions about the

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Published on November 11, 2012
Author:          Filed under: New Voices