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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "judicial role"
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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
 
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The “Unconstitutional State of Affairs” in Brazil’s Prison System: The Enchantment of Legal Transplantation

[Editor’s Note: This is the second of two perspectives on an ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Vanice Regina Lirio do Valle, published last Friday, can be

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Published on September 30, 2015
Author:          Filed under: Developments
 
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An Unconstitutional State of Affairs in the Brazilian Prison System

[Editor’s Note: I•CONnect will present two perspectives on an important ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Thiago Luís Sombra can be found here.] –Vanice Regina Lirio do

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Published on September 25, 2015
Author:          Filed under: Developments
 
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Why Hong Kong’s Lawyers Marched

–Alyssa S. King and Alvin Y. H. Cheung On June 27, 2014, up to 1,800 of Hong Kong’s legal professionals, including barristers, who litigate in the courts, and solicitors, who handle all lay client-facing work, marched in silence across the city’s center – for the third time since China resumed sovereignty in 1997[i] – in

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Published on July 2, 2014
Author:          Filed under: Developments