Blog of the International Journal of Constitutional Law

Author: rhirschl

  • The UK 3 – British Christians 1

    Lorenzo Zucca King’s College London British Christians are becoming increasingly more vocal about the presence of their faith in the workplace. Four of them brought cases all the way to the European Court of Human Rights (ECtHR) in Strasbourg (based on Article 9 and Article 14 of the European Convention of Human Rights) to claim the right to wear crosses on their uniforms (Eweida and Chaplin) as well as the right to be exempted from assisting homosexual people in the performance of part of their job (Ladele and McFarlane).

  • The Brazilian Supreme Court: Between Activism and Judicial Responsibility

    –Claudia Maria Barbosa, Pontifical Catholic University of Paraná, Brazil On December 17, 2012 the Brazilian Federal Supreme Court, (Supremo Tribunal Federal, STF), concluded the hearings of Criminal Case no. 470/2007, known as Mensalão (“Big Monthly”) – a criminal scheme to buy political support in Congress involving 37 accused, among them ministers from former President Lula’s government, legislators, law-makers, businessmen and bankers.

  • The Context of Iceland‘s Constitutional Revision – Will it Doom the Draft?

    – Ragnhildur Helgadóttir, Professor of Law, Reykjavík University The revision of the Icelandic constitution (see posts from Oct. 15 and 21) was an important part of the reaction to the financial crisis of 2008. Following the crash, a government had to leave office and a Parliamentary Investigative Commission handed in a black report on the sources and reactions to the crises.

  • The Canadian Charter of Rights and Freedoms in Hong Kong Jurisprudence

    – Simon NM Young, University of Hong Kong In my current research, I am trying to understand the influence of the Canadian Charter in Hong Kong’s development of human rights jurisprudence after returning to China in 1997. The prospects for migration were strong, though not because constitutional text had been transplanted.

  • Comparative constitutional and judicial politics is more relevant than ever

    For aficionados of comparative constitutional and judicial politics, the last month provided lots to chew on. With all the media attention and academic buzz surrounding the USSC ruling on the so-called Obamacare program, other, more blatant illustrations of constitutional and judicial politics in action have kept popping.

  • Constitutional jurisprudence in paradise (Seychelles)

    [I am delighted to post this note on behalf of the Honorable Justice Anthony Francis T. Fernando of the Court of Appeal, Seychelles – the highest court in that small Indian Ocean country. It concerns an important election appeal ruling rendered by the Seychelles Court of Appeal in December 2011.

  • Another chapter in Israel’s constitutional wars

    It has been a while since we reported here about Israel’s ongoing constitutional (and culture) wars. The right wing government, and in particular members of the governing coalition who represent religious parties, Jewish settlers and nationalist parts of the Russian immigrant community, have long viewed the Supreme Court as a bastion of liberal secularism and leftism.

  • Two new Supreme Court of Canada Justices nominated

    Canada’s Prime Minister Stephen Harper has just named his two nominees to fill the two vacant seats on the Supreme Court of Canada created with the stepping down of Justices Louise Charron and Ian Binnie from Ontario, who announced their departure earlier this year at the age of 60 and 72 respectively (mandatory retirement age is 75).

  • Landmark ECtHR ruling on Crucifix in the Italian Classroom

    While many observers have been focusing on pertinent developments in Egypt, the world of constitutional law marches on. Earlier today (March 18), the Grand Chamber of the European Court of Human Rights delivered its ruling in Lautsi v. Italy (case no.

  • Kosovo Con Court Rules Against President

    The Constitutional Court of the Republic of Kosovo ruled last week in Naim Rrustemi and 31 Other Deputies of the Assembly of the Republic of Kosovo v. His Excellency Fatmir Sejdiu that President Fatmir Sejdiu committed a “serious violation” of the Constitution of Kosovo for simultaneously serving as President of the Republic and President of the Democratic League of Kosovo (LDK), a political party.