Category: Analysis
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Using Digital Constitutionalism to Curb Digital Populism
—Emilio Peluso Neder Meyer, Federal University of Minas Gerais and National Council for Scientific and Technological Development, Brazil, and Fabrício Bertini Pasquot Polido, Federal University of Minas Gerais, Brazil On January 6, 2021, the world watched on live stream the result of years and years of political extremism being dumped into American society.
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The “Metaphor of Waves” in Latin America: A Fragmentary Reality?
—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Comparative constitutional law has a particular taste for unraveling constitutional waves.
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Internationalised Constitution-Making in Deeply Divided States: A Note on South Sudan
—Armi Beatriz E. Bayot, University of Oxford Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Describing a state as failed, failing, or fragile has often been a prelude to international intervention.
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Does President Biden’s Agenda Provide an Antidote to Trumpism?
—Miguel Schor, Drake University School of Law The assault on the Capitol on January 6, 2021, demolished the idea of American exceptionalism, the idea that the United States is a democratic model that other nations should emulate. The groundwork for the attack was laid by a campaign of lies waged by the President and his…
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New Frontiers of Gender Constitutionalism in Asia, Part 1: Sexual and Reproductive Rights
—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] In my next two posts I will explore the new frontiers of gender constitutionalism in Asia: (1) sexual and reproductive rights in…
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Beyond Republic or Emirate: Afghan Constitutional System at Crossroads
— Zubair Abbasi, Chevening Fellow, Oxford Center for Islamic Studies, Associate Professor, Lahore University of Management Sciences (LUMS) Introduction President Biden’s declaration of US withdrawal from Afghanistan has raised concerns about the future of the Afghan constitutional system. Afghanistan’s current Constitution was adopted in 2004.
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Indigenous Peoples’ Rights and the “Common Good”
—Armi Beatriz E. Bayot, University of Oxford Faculty of Law [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] A recent report by the Food and Agriculture Organization (FAO) of the United Nations shows that the indigenous peoples of Latin America are…
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Implementing Constitutional Gender Quotas: A Kenyan Perspective
— Mumbi Gathoni, Advocate of the High Court of Kenya On 21st September 2020, the Chief Justice of Kenya (now retired) advised the President of the Republic of Kenya to dissolve Parliament for its failure to adhere to the Constitutional requirement that not more than two-thirds of members of legislative bodies shall be of the…
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Beyond Oversight. Advancing Societal Constitutionalism in the Age of Surveillance Capitalism
— Angelo Jr Golia, Senior Research Fellow, Max Planck Institute for Public Comparative Law and International Law, Heidelberg. Facebook’s Oversight Board (OB) has sparked great interest in an already rich debate over the constitutionalisation digital spaces. The establishment of a non-state adjudicator with jurisdiction over the freedom of speech exercised on FB (2.8 billion monthly…
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The Straw that Broke the Back of the Constitution? When Quantity Transforms to Quality
—Yaniv Roznai, IDC Herzliya, Harry Radzyner Law School* On October 27, 2020, an extended bench of the Israeli Supreme Court held a hearing in HCJ 2905/20 et al. Regarding the Basic Law: Government, Amendment No. 8 and the Temporary Order (the Alternation of Government), a hearing that was broadcast live.