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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial independence" (Page 2)
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When Courts Decide not to Decide: Understanding the Afghan Supreme Court’s Struggle to Decide the Fate of the Dismissed Ministers

–Shamshad Pasarlay, Herat University School of Law and Political Sciences On November 12, 2016, the Wolesi Jirga, the Afghan parliament’s lower house, began a process of impeaching cabinet ministers who had not been able to spend more than 70 percent of their ministry development budget for the financial year of 2015. As part of this process,

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Published on March 22, 2017
Author:          Filed under: Developments
 
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An Explicit Constitutional Change by Means of an Ordinary Statute? On a Bill Concerning the Reform of the National Council of the Judiciary in Poland

–Piotr Mikuli, Professor and head of Chair of Comparative Constitutional Law, Jagiellonian University Towards the end of January 2017, the Polish Ministry of Justice introduced a bill reforming the current legal status of the National Council of the Judiciary. If passed as proposed, the bill would seriously undermine the independence of the judiciary in Poland. The

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Published on February 23, 2017
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Abusive Judicial Activism and Judicial Independence in Brazil

—Juliano Zaiden Benvindo, University of Brasília When delivering his speech at the Brazilian Supreme Court on December 5 on “Public Ethics and Democracy,” Michael Sandel, Professor at Harvard University, could not foresee what was about to happen that very day just some floors above the conference room. Amid a rich debate on the role of

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Published on December 22, 2016
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Where do Justice Ginsburg and Justice Hale—and Judicial Independence—Go from Here?

—Brian Christopher Jones, Liverpool Hope University Both of these influential and widely respected justices have recently tested the limits of judicial speech through provocative and ill-timed statements.[1] Back in July, Justice Ginsburg exclaimed, “I can’t imagine what the country would be—with Donald Trump as our president”, then called Trump a “faker”, and even suggested that she

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Published on November 30, 2016
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Attacks on Courts: Taking Wider Lessons from Recent Irish Supreme Court Revelations

—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law The past week has seen the launch of an unprecedented book detailing the inner workings of the Supreme Court of Ireland, which provides potentially useful general insights into how courts deal with political attacks.[1] The new book, by a leading journalist, Ruadhán Mac Cormaic, has laid

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Published on September 8, 2016
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The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia

—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers. The Court

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Published on September 1, 2016
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Resetting the Turkish Judiciary

—Tarik Olcay, University of Glasgow The Ministry of Justice introduced a bill to Parliament on June 13,[1] which mainly restructures the administrative and civil supreme courts in Turkey. The “Bill on Amendments to the Law of the Council of State and Other Laws” (Danıştay Kanunu ile Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun Tasarısı),[2] purports to

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Published on July 1, 2016
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President Macri and Judicial Independence on the Argentine Supreme Court

—Andrés del Río, Federal Fluminense University (UFF), Brazil During the presidential election campaign of 2015, Mauricio Macri, leader of the then-opposition Republican Proposal Party (PRO), included in his platform his commitment to “strengthen the rule of law, strictly respecting the division of powers, the independence of justice and the constitutional principles and guarantees, together with

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Published on February 5, 2016
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Judicial Supremacy, not Independence, Upheld in NJAC Judgment

—Rehan Abeyratne, Jindal Global Law School Last week, the Supreme Court of India issued a landmark judgment holding the National Judicial Appointments Commission (NJAC) unconstitutional. As Chintan Chandrachud has explained in detail on I-CONnect, the Court held that the NJAC violated the Indian Constitution’s “basic structure” by restricting the independence of the judiciary. The Court

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Published on October 23, 2015
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Collaboration, Not Confrontation: The Indian Supreme Court on Judicial Appointments

—Chintan Chandrachud, PhD Candidate at the University of Cambridge and LLM Candidate at Yale Law School Today, a five-judge bench of the Indian Supreme Court decided amongst the most significant constitutional cases in its recent history – one that had prompted a moratorium on judicial appointments to the Supreme Court and the twenty-four High Courts. The

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Published on October 17, 2015
Author:          Filed under: Developments