magnify

I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Posts tagged "judicial review"
formats

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

Read More…

Published on May 4, 2017
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on April 30, 2017
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on April 29, 2017
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on April 25, 2017
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on March 28, 2017
Author:          Filed under: Reviews
 
formats

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,

Read More…

Published on March 22, 2017
Author:          Filed under: Developments
 
formats

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

Read More…

Published on October 28, 2016
Author:          Filed under: Reviews
 
formats

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

Read More…

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

Judicial Appointments in the Commonwealth: Is India Bucking the Trend?

Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. –Dr Jan van Zyl Smit, Associate Senior Research Fellow, Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law In recent years many Commonwealth states have adopted, or at least debated, reforms to their

Read More…

Published on March 8, 2016
Author:          Filed under: Analysis
 
formats

Judges, Democracy and the “New Commonwealth Model of Constitutionalism”

—Tom Hickey, Dublin City University Aileen Kavanagh and Joseph Raz are among many supporters of constitutional judicial supremacy who characterise their support as justified despite what they see as its non- or perhaps even anti-democratic nature.[1] They employ the “ends-justifies-the-means” mantra: better to have system that makes “good” outcomes more likely, at the cost of perhaps

Read More…

Published on January 29, 2016
Author:          Filed under: Analysis