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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial review" (Page 2)
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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
 
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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

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

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Published on January 29, 2016
Author:          Filed under: Analysis
 
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As Jean-Louis Debré’s Term as President Comes to a Close—Whither the French Constitutional Council?

–Alyssa S. King, PhD Candidate in Law, Yale University; Resident Fellow at the Yale Law School Information Society Project Jean-Louis Debré’s term as President of the French Constitutional Council is now coming to a close. The son of former Prime Minister Michel Debré, who drafted most of the Fifth Republic’s current constitution, was a successor to

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Published on January 20, 2016
Author:          Filed under: Analysis
 
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Article Review: David Bilchitz on Matthias Klatt’s “Positive Rights: Who Decides? Judicial Review in Balance”

[Editor’s Note: In this installment of I•CONnect’s Article Review Series, David Bilchitz reviews Matthias Klatt‘s article on Positive Rights: Who Decides? Judicial Review in Balance, which appears in the current issue of I•CON. The full article is available for free here.] —David Bilchitz, University of Johannesburg In most constitutions today, fundamental rights play a central role and they are

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Published on August 26, 2015
Author:          Filed under: Reviews
 
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Norway: Human Rights and Judicial Review Constitutionalized

–Anine Kierulf, Post-Doctoral Researcher, Norwegian Centre for Human Rights, University of Oslo Law School Today Norway made judicial review part of its written constitution. This amendment marks the finalization of a human rights reform of Norway’s 200 year-old constitution. While but a codification of a 150-yearlong court-made practice of review, it also adds democratic legitimacy

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Published on June 5, 2015
Author:          Filed under: Developments