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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial review" (Page 3)
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An Evolution in “Italian Style”: The Constitutional Court says it will Govern the Effects of its Judgments (and Will Use the Proportionality Test to Do It)

—Erik Longo (University of Macerata) and Andrea Pin (University of Padua) Since the adoption of the Constitution in 1947, Italy’s Constitutional Court (CC) has had the primary purpose of defending the normative superiority of constitutional law within the legal order. The Italian model of judicial review of legislation largely takes inspiration from the so-called ‘centralized’

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Published on March 20, 2015
Author:          Filed under: Developments
 
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?

—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional

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Published on March 18, 2015
Author:          Filed under: Analysis
 
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Mercy and Judicial Review in the Commonwealth

—Adam Perry, Lecturer in Law, Queen Mary University of London Judges in Commonwealth jurisdictions are increasingly willing to review the executive’s decisions to grant or refuse mercy (ie, decisions to grant or refuse a request for a pardon or remission of a sentence for a criminal offence). Here I want to sketch the developments and mention

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Published on February 18, 2015
Author:          Filed under: Analysis
 
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Video Interview: Counter-Interpretation and Constitutional Supremacy, Featuring Joshua Braver

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Joshua Braver on judicial review in the United Kingdom and the United States, specifically as it relates to a phenomenon he identifies as “counter-interpretation.” We discuss why, in his view, judicial review in the United Kingdom has

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Published on January 23, 2015
Author:          Filed under: Analysis
 
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Video Interview: Courts and Constitution-Making Featuring Will Partlett

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Will Partlett on the role of courts in constitution-making. In the interview, we discuss constitution-making in general, his recent work on constitution-making in Russia and post-communist countries, as well as the relationship between political culture and constitutional structure. We

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Published on November 25, 2014
Author:          Filed under: Analysis
 
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Video Interview: “Bills of Rights in the Common Law” Featuring Robert Leckey

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Robert Leckey on his forthcoming book entitled “Bills of Rights in the Common Law,” to be published by Cambridge University Press in May 2015. Here is the book’s abstract: Scholars have addressed at length the ‘what’ of judicial review

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Published on November 18, 2014
Author:          Filed under: Reviews
 
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Video Interview: Developments in Indian Constitutional Law Featuring Rohan Alva

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Rohan Alva on developments in Indian constitutional law. In the interview, we discuss judicial review, current controversies in the separation of powers, the adjudication of socio-economic rights, the judicial use and non-use of comparative public law, access to

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Published on November 13, 2014
Author:          Filed under: Developments
 
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Video Interview: Unamendability and Unconstitutional Constitutional Amendments Featuring Yaniv Roznai

—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Yaniv Roznai on unamendability and unconstitutional constitutional amendments. In the interview, we explore discuss the paradox of the concept of an unconstitutional constitutional amendment, the origins and modern legal implications of the concept, whether one can

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Published on November 4, 2014
Author:          Filed under: Analysis
 
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Video Interview: A New Typology of Judicial Review Featuring Joel Colón-Ríos

—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Joel Colón-Ríos on the subject of judicial review. His most recent paper, appearing here in the new journal Global Constitutionalism, addresses judicial review and is entitled “A New Typology of Judicial Review of Legislation.” In the interview, we discuss

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Published on October 22, 2014
Author:          Filed under: Uncategorized
 
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Is Constitutional Review Moving to a New Home in Myanmar?

—Dominic J. Nardi, Jr., University of Michigan Late last year, Myanmar’s legislature initiated a process to review and amend the 2008 Constitution. Until recently, the largest opposition party, National League for Democracy, seemed focused on removing the ban against citizens with foreign dependents from becoming president (NLD leader Aung San Suu Kyi’s two sons are

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Published on June 11, 2014
Author:          Filed under: Developments