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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial role"
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Book Review: Tom Flynn on “The Mimetic Evolution of the Court of Justice of the EU” (Leonardo Pierdominici)

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Tom Flynn reviews Leonardo Pierdominici’s book on The Mimetic Evolution of the Court of Justice of the EU (Palgrave Macmillan, 2020).] —Tom Flynn, University of Essex This fascinating book analyses the development of the CJEU from its earliest days to the present through the lens of

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Published on April 9, 2022
Author:          Filed under: Analysis
 
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Transnational Elite Self-Empowerment and Judicial Supremacy

—Cristina E. Parau, Oxford University [Editor’s Note: This is a reply to Conor Gearty’s recent review of Dr. Parau’s Transnational Networks and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond (OUP 2018).] This note is in reply to a review of my monograph Transnational Networks and Elite Self-Empowerment: The Making of the

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Published on January 16, 2022
Author:          Filed under: Analysis
 
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Giving Substance to Singapore’s Fake News Law: Online Citizen

— Marcus Teo, Sheridan Fellow, National University of Singapore’s Faculty of Law The threat that fake news poses to free speech and democracy is now well-established, though less established is how Governments should address it. Legislation which requires social media companies and intermediaries to remove or rebuff falsehoods posted on their platforms, like Germany’s Network

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Published on November 4, 2021
Author:          Filed under: Analysis
 
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Losing the Battle to Win the War: Judicial Self-Empowerment Through Maxi-Minimalism

—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On September 26, 2020, President Donald Trump announced Judge Amy Coney Barrett as his nominee to the United States Supreme Court to fill the seat occupied by

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Published on October 7, 2020
Author:          Filed under: Analysis
 
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Beyond Sisyphus and Hercules: Crafting Constitutionalism in Fragile Democracies in Asia

—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It is an epic tale of one of the world’s largest financial frauds.[2] Between 2009 and 2015, billions of dollars were siphoned from government-run sovereign wealth fund

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Published on August 26, 2020
Author:          Filed under: Analysis
 
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Hercules Leaves (But Does Not Abandon) the Forum of Principle: Courts, Judicial Review, and COVID-19

—Vicente F. Benítez R., JSD candidate at NYU School of Law and Constitutional Law Professor at Universidad de La Sabana* Introduction Several analysts have warned about the sudden concentration of power in the hands of chief executives in the wake of the COVID-19 situation. From the Americas to Africa, and from Europe to Asia, we

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Published on May 8, 2020
Author:          Filed under: Analysis
 
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The Challenges of Transformative Constitutionalism – A Reply to Jorge González Jácome

–Carlos Bernal, Justice, Colombian Constitutional Court[1] I In “The Promise and Peril of “Transformative Constitutionalism,” Jorge González Jácome comments on my earlier post here at I-CONnect on “The Paradox of the Transformative Role of the Colombian Constitutional Court.” González makes seven claims about my post: (a) That I “advanced an argument against the transformative role of

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Published on January 1, 2019
Author:          Filed under: Analysis
 
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The Judiciary as Second-Best Political Strategy: The Never-Ending Debate over the Presumption of Innocence in Brazil

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília In February 2016, one of us wrote a post on I-CONnect focusing on the Brazilian Supreme Court’s new precedent on the presumption of innocence.[1] The decision carried out a major shift by allowing criminal sentences to be enforced once a judgment has been affirmed

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The Brazilian Moment in the Judicialization of Mega-Politics

–Vanice Lirio do Valle, Estacio de Sá University The Brazilian political crisis is visible worldwide, due to the bombastic effects of the findings in the huge police investigation called the “car-wash operation”.  From the initial imprisonment of Senator Delcidio Amaral in 2015, up to the second criminal complaint addressed to President Michel Temer who was charged

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Published on October 22, 2017
Author:          Filed under: Developments
 
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Brazilian Democratic Decay and the Fear of the People

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília A recurring trend in comparative constitutional law is the emerging populism, which, in its various forms, extends to places and contexts as diverse as the United States, Poland, Turkey, Hungary, the Philippines, Latin America and so forth. Brazil, which is experiencing one of its

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Published on June 24, 2017
Author:          Filed under: Analysis