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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "democracy"
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The “Rationality of Fear” on the Edge of Brazilian Democracy: Another Shield Against Authoritarianism?

—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development[1] In a period of about two months, a series of protests in South America brought the region again into the spotlight. Except for the Bolivian case,[2] whose causes were mostly related to the presidential election process, the protests in Chile, Ecuador,

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Published on December 31, 2019
Author:          Filed under: Analysis
 
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I–CONnect Symposium: The 30th Anniversary of the Constitutional Court of Korea—Part II: The South Korean Constitutional Court in Comparative Perspective

[Editor’s Note: This is the second entry in our symposium on the “30th Anniversary of the Constitutional Court of Korea.” The introduction to the symposium is available here and Part I is available here.] —Tom Ginsburg, Leo Spitz Professor of International Law and Ludwig and Hilde Wolf Research Scholar, The University of Chicago As the Constitutional Court of

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Published on March 9, 2019
Author:          Filed under: Analysis
 
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I–CONnect Symposium: The 30th Anniversary of the Constitutional Court of Korea—Part I: The Constitutional Court’s Role in South Korea’s Democratization

[Editor’s Note: This is the first entry in our symposium on the “30th Anniversary of the Constitutional Court of Korea.” The introduction to the symposium is available here.] —Ilwon Kang, Former Justice, Constitutional Court of Korea “South Korea shows the world how democracy is done,” wrote a Washington Post columnist, praising the March 10, 2017, decision of

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Published on March 7, 2019
Author:          Filed under: Analysis
 
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Democratic Erosion and Militant Democracy

–Tom Ginsburg and Aziz Huq, The University of Chicago Law School In 1937, the German political scientist Karl Loewenstein published a two-part article that coined the term militant democracy.[1]  Concerned with the inadequate democratic response to the rising threat of fascism, he called for a set of legislative and legal techniques that would allow democracy

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Published on October 18, 2018
Author:          Filed under: Developments
 
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I-CONnect Symposium on “Constitutional Boundaries” — Constitutional Theory and Boundary Problems: Some Reflections

[Editor’s Note: This is the first entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here.] –Lael K Weis, Senior Lecturer, The University of Melbourne, Melbourne Law School The invitation to participate in the Constitutional Boundaries Workshop provided me with an important opportunity to reflect on the development and trajectory of my early career

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Published on April 23, 2018
Author:          Filed under: Analysis
 
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Populist Constitutionalism & The Democratic Minimum Core

—Rosalind Dixon, University of New South Wales [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Democratic “populism” is on the rise worldwide. In the last decade, Latin America has seen a wave of populist, neo-Bolivarian political change; Hungary

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Published on April 26, 2017
Author:          Filed under: Analysis
 
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Was the Brexit Referendum Democratic?

Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. —Stephen Tierney, University of Edinburgh The past three weeks have seen a steady backlash against the referendum. It is understandable that many don’t like the outcome, after all 48% voted for Remain. But beyond disagreeing with the decision to leave

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Published on July 28, 2016
Author:          Filed under: Analysis
 
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Do All Democracies Need Party Dissolution Mechanisms?

—Brian Christopher Jones, Liverpool Hope University Although it may appear harsh or severe, the ability of many democracies to dissolve political parties based on the (supposedly) “unconstitutional” or “anti-democratic” nature of their existence is an inherent constitutional feature of many states. Democracy, it appears, must at times protect itself from threat or collapse. Perhaps the most

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Published on June 8, 2016
Author:          Filed under: Analysis
 
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Going Against the Consociational Grain: The Debate on the Dutch Advisory Referendum Act and the Ukraine-EU Association Agreement Referendum

—Reijer Passchier & Wim Voermans, Leiden University On April 6, 2016, the Netherlands held the first referendum under its new Advisory Referendum Act of 2015 (Wet raadgevend referendum)[1] and the third national referendum in two centuries.[2] This was a test on a highly controversial issue: Dutch political (consocialist) culture and referendums do not mix well. The referendum

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Published on June 1, 2016
Author:          Filed under: Analysis
 
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Virtual Book Review Roundtable: “Unfit for Democracy” Featuring Stephen Gottlieb, Peter Quint and Dana Schmalz

—Richard Albert, Boston College Law School In this latest edition of our virtual book review roundtable series here at I-CONnect, Peter Quint and Dana Schmalz comment on Stephen Gottlieb’s new book entitled Unfit for Democracy: The Roberts Court and the Breakdown of American Politics, published earlier this year by New York University Press. Though it is

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Published on May 6, 2016
Author:          Filed under: Reviews