magnify

I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "proportionality"
formats

I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court—The Evolution of Proportionality in Taiwan Constitutional Jurisprudence

[Editor’s Note: This is Part III of our I-CONnect symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers. The Introduction is available here, Part I is available here, and Part II is

Read More…

Published on December 14, 2018
Author:          Filed under: Developments
 
formats

Introduction to I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court

[Editor’s Note: I-CONnect is pleased to feature a one-week symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers.] –Chien-Chih Lin, Assistant Research Professor, Institutum Iurisprudentiae, Academia Sinica Established in 1948, the Taiwan Constitutional

Read More…

Published on December 11, 2018
Author:          Filed under: Developments
 
formats

I-CONnect Symposium on “Constitutional Boundaries” — Proportionality and the Boundaries of Borrowing

[Editor’s Note: This is the second entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here, and the first entry is available here.] —Adrienne Stone, Kathleen Fitzpatrick Australian Laureate Fellow, Redmond Barry Distinguished Professor, Director of the Centre for Comparative Constitutional Studies, The University of Melbourne, Melbourne Law School Australian constitutional law is having something of

Read More…

Published on April 24, 2018
Author:          Filed under: Analysis
 
formats

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

Read More…

Published on August 26, 2015
Author:          Filed under: Reviews
 
formats

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’

Read More…

Published on March 20, 2015
Author:          Filed under: Developments
 
formats

Fundamental Rights, Physician-Assisted Death and the Court’s Institutional Role: A Comment on Carter v. Canada (Attorney General)

—Robert Leckey, McGill University, author of the forthcoming Bills of Rights in the Common Law (Cambridge University Press, May 2015) On 6 February 2015, the Supreme Court of Canada reversed its ruling on assisted suicide. In 1993, in a five-four decision, the Court had ruled that the federal government’s blanket ban on assisted suicide complied with the Canadian

Read More…

Published on February 9, 2015
Author:          Filed under: Developments
 
formats

I•CON Debate Review by Jud Mathews: Proportionality-Based Balancing

[Editor’s Note: In this special installment of I•CONnect’s Review Series, Jud Mathews offers a critical review of the I•CON debate between Luc Tremblay and Matthias Klatt on proportionality-based balancing. The debate appears in the current issue of I•CON, beginning with Tremblay’s paper here, followed by a reply by Klatt here, and concluding with a rejoinder from Tremblay here. All

Read More…

Published on February 6, 2015
Author:          Filed under: Reviews
 
formats

A “Stunning” Decision of the Polish Constitutional Tribunal: The Ritual Slaughter Case

–Anna Śledzińska-Simon, University of Wroclaw[*] When a judge is to decide on the conformity of a ritual slaughter ban with a constitution she cannot help but realize that it is material for a landmark decision. Yet, in Poland the full panel of the Constitutional Tribunal missed this chance and rendered a judgment that is wrong

Read More…

Published on January 21, 2015
Author:          Filed under: Developments
 
formats

Constitutional Dialogues in Italy

—Francesco Duranti, Università per Stranieri di Perugia (Italy) On January 13, the Italian Constitutional Court issued a judgment on the electoral law (no. 270/2005) for both Houses of Parliament (Camera dei Deputati, the Lower House; and Senato della Repubblica, the Upper House)[1]. In its decision—announced in a short press release on December 4, 2013[2]—the Court struck

Read More…

Published on January 22, 2014
Author:          Filed under: Developments
 
formats

Is Proportionality Culturally Based?

—Moshe Cohen-Eliya and Iddo Porat, College of Law and Business, Ramat Gan, Israel In a recently published book Proportionality and Constitutional Culture (Cambridge University Press, 2013) we look closely at constitutional culture centering on two crucial concepts of constitutional law: balancing and proportionality. American constitutional lawyers have been asking themselves in recent years more and

Read More…

Published on September 28, 2013
Author:          Filed under: Analysis