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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "Constitutional Interpretation"
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Legal Limits on Beijing’s Powers of Interpretation?

[Cross-posted from HKU Legal Scholarship Blog. The original post, published on November, 3, 2016, appears here.] –Cora Chan, Hong Kong University There are speculations that Beijing’s National People’s Congress Standing Committee (NPCSC) will issue an interpretation of Hong Kong’s Basic Law to bar two legislators-elect in Hong Kong from taking office. This piece expounds the

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Published on November 5, 2016
Author:          Filed under: Developments
 
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Transnational Disagreement on Human Rights: How U.S. Appellate Courts address the “Human Rights and Fundamental Freedoms” Clause in the Hague Convention on the Civil Aspects of International Child Abduction

—Francesca Genova, University of Notre Dame While the phrase “human rights and fundamental freedoms,” found in the Hague Convention on the Civil Aspects of International Child Abduction[1]  (Hague Convention), is ubiquitous in international human rights treaties and regimes,[2] it is not native to American jurisprudence. It enters into American law through treaty implementation.[3] American courts

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Published on May 18, 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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The US Same-Sex Marriage Decision: Unconstitutional Constitutional Change?

—Mikołaj Barczentewicz, DPhil in Law Candidate, University of Oxford Much will be written about Obergefell v Hodges, the momentous decision of the US Supreme Court endorsing a constitutional right to same-sex marriage, but in this short blog post I will limit myself to one aspect of the judgment: does it constitute unconstitutional constitutional change? It

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Published on July 8, 2015
Author:          Filed under: Analysis, New Voices
 
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Hasebe Yasuo Interview with the Kochi Shimbun

As many readers know, there is a significant debate going on in Japan today about the government’s proposal to pass a new law that would allow for collective self-defense in the event of armed attack. This has led to protests and conflict.  The issue concerns Article Nine of the Constitution, which famously prohibits the maintenance

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Published on June 30, 2015
Author:          Filed under: Analysis