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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial review"
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Crosspost: Is the GOP Tax Law Unconstitutional?

[Editor’s Note: This piece originally appeared here in the San Francisco Chronicle on December 21, 2017.] —Stephen Gardbaum, UCLA School of Law; Member of the ICON-S Governing Council Now that the Republican tax bill is law, is the matter settled, at least until November or, more likely, 2020? Not necessarily, because the courts may yet

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Published on January 2, 2018
Author:          Filed under: Analysis
 
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In Wake of Controversial Enactment Process of Trump’s Tax Bill, Israeli SC Offers a Novel Approach to Regulating Omnibus Legislation

—Ittai Bar-Siman-Tov, Assistant Professor, Bar Ilan University Faculty of Law A controversial tax reform is enacted in the middle of the night. It is enacted in a massive hundreds-of-pages omnibus bill, which is rammed through the legislative process in a highly accelerated pace. The legislators receive the final version of the bill in the very last

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Published on December 13, 2017
Author:          Filed under: Analysis
 
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Working Well Is The Best Strategy: Judges under Populism

—Juan F. González-Bertomeu, ITAM (Mexico) [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.] Introduction: foes of all stripes Let’s start with this truism—no administration, populist or not, wants courts meddling with them and checking on their power. Administrations often

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Published on May 4, 2017
Author:          Filed under: Analysis
 
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Populism and Judicial Backlash in the United States and Europe

—Bilyana Petkova, Postdoctoral fellow, NYU School of Law, Visiting Researcher, Yale [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. Parts of this post are adapted from “Federalism, Rights and Backlash”, International Journal of Constitutional Law (forthcoming, 2017), co-authored with

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Published on April 30, 2017
Author:          Filed under: Analysis
 
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Safeguarding Democratic Institutions

—Samuel Issacharoff, NYU School of Law [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.] A discussion of courts and populism begs for definitional boundaries.  While courts are generally institutionally confined, the same cannot be said for populism, a

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Published on April 29, 2017
Author:          Filed under: Analysis
 
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Populism and the Courts

—Andrew Arato, The New School [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.] The antagonism of populist governments to apex courts is a matter of historical record, starting with Peronism, the first time that an openly populist movement

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Published on April 25, 2017
Author:          Filed under: Analysis
 
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Book Review: Joshua Segev on Daniel Friedmann’s “The Purse and the Sword: The Trials of Israel’s Legal Revolution”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Joshua Segev reviews Daniel Friedmann’s book on The Purse and the Sword: The Trials of Israel’s Legal Revolution (Oxford 2016)] —Dr. Joshua Segev, Associate Professor, Netanya Academic College School of Law, Israel The Purse and the Sword, by Daniel Friedmann, is a fascinating book. It offers special insights

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Published on March 28, 2017
Author:          Filed under: Reviews
 
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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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Virtual Bookshelf: Judicial Review in Kenya: A Review of “The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis,” by James Thuo Gathii

—Richard Albert, Boston College Law School We know a lot about the theory of judicial review. We also know a lot about how the power of judicial review is exercised and why it has emerged in many constitutional democracies around the world. For example, Tom Ginsburg has theorized what he calls the insurance model of judicial review in

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Published on October 28, 2016
Author:          Filed under: Reviews
 
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Constitutional Challenge to the State Religion Status of Islam in Bangladesh: Back to Square One?

–Ridwanul Hoque, Professor of Law, Dhaka University On March 28, the High Court Division of the Bangladesh Supreme Court summarily dismissed a 28 year-old constitutional petition challenging Islam as the state religion. The court said that the petitioners lacked standing to litigate, but it did not hold any hearing at all.[1] Things, however, are not as

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Published on May 27, 2016
Author:          Filed under: Analysis