magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "European Court of Human Rights" (Page 3)
formats

European Court of Human Rights Condemns Greece for Banning Same-Sex Civil Unions

–Christina M. Akrivopoulou, Greek Refugee Appeals Authority On November 7, the European Court of Human Rights decided Vallianatos and others v. Greece, which condemned Greece for banning same-sex civil unions. Law 3719/2008 introduced civil unions within Greece as an alternative to the institution of marriage for heterosexual couples that share stable relationships, but excluded same-sex

Read More…

Published on November 28, 2013
Author:          Filed under: Developments
 
formats

Turkey’s Constitutional Process

—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration. The failed plan was based

Read More…

Published on November 16, 2013
Author:          Filed under: Developments
 
formats

Freedom of Expression or Freedom from Electoral Unfairness?: The ECHR Upholds a Ban on Political Advertising

—Eoin Carolan, University College Dublin The decision in Animal Defenders International v. U.K. represents the European Court of Human Rights’ latest effort to resolve the contentious and long-running debate about the compatibility of a prohibition on political advertising with the protection afforded to freedom of expression under Article 10 of the European Convention on Human

Read More…

Published on August 29, 2013
Author:          Filed under: Developments
 
formats

Review of Courts and Consociations, by Christopher McCrudden and Brendan O’Leary (OUP 2013)

—Reviewed by Tom Ginsburg In its 2009 decision in the case of Sejdić and Finci v. Bosnia, the European Court of Human Rights found in favor of two applicants who challenged the provision of the Bosnian Constitution restricting certain political offices to three “constituent peoples”. These restrictive arrangements were a central pillar of the Dayton

Read More…

Published on August 16, 2013
Author:          Filed under: Reviews
 
formats

The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision

—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The Spanish Constitutional Court, in judgment 198/2012 of November 28, 2012, upheld Law 13/2005, which guarantees same-sex marriage in Spain. Prior to the democratic transition that followed the death of Franco and the end of his dictatorship, Spain was characterized by a very religious and conservative

Read More…

Published on July 19, 2013
Author:          Filed under: Developments
 
formats

Marry me or tax me? That is the constitutional question

—Angelique Devaux, French Licensed Attorney (Notaire), LL.M. in American Law (Indiana University Robert H. McKinney School of Law) To marry or tax me. This could be the modern Shakespeare quote heard in the oral arguments last March 27th at the US Supreme Court in the pending case Windsor v. United States. But it is more about a

Read More…

Published on April 29, 2013
Author:          Filed under: Analysis
 
formats

A Theory of Informal Constitutional Change in International Organizations

— Julian Arato, J.D., LL.M., NYU School of Law My thanks to Tom Ginsburg, Richard Albert, and David Landau for the opportunity to talk about my work on informal constitutional change in international organizations (IO’s) – a process sometimes called constitutional transformation, by contrast to formal constitutional amendment.  I’ll first describe my broader project, and

Read More…

Published on January 23, 2013
Author:          Filed under: New Voices
 
formats

The UK 3 – British Christians 1

Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim

Read More…

Published on January 17, 2013
Author:          Filed under: Analysis, ECtHR, religion, religious discrimination
 
formats

Reviewing Ireland’s Abortion Regime

—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has

Read More…

Published on December 20, 2012
Author:          Filed under: Analysis
 
formats

Article Review & Response: Mark Tushnet and Oliver Gerstenberg on Rights Adjudication

[Editor’s Note: In this installment of I•CONnect’s Article Review Series, Mark Tushnet reviews Oliver Gerstenberg’s just-published I-CON article on “Negative/Positive Constitutionalism, ‘Fair Balance,” and the Problem of Justiciability.” Professor Gerstenberg then responds to Professor Tushnet’s review.]   A Review of Gerstenberg’s article on “Negative/Positive Constitutionalism, ‘Fair Balance,” and the Problem of Justiciability” —Mark Tushnet, William

Read More…

Published on November 16, 2012
Author:          Filed under: Reviews