Category: Analysis
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The Instrumentality of Metadata Access Regime for Suppressing Political Protests in Australia
—Genna Churches, PhD Candidate, Faculty of Law, UNSW Sydney, and Monika Zalnieriute, Senior Lecturer, School of Law, Macquarie University Australians, just like many other people around the world, are taking to the streets. What started as a few small sparks earlier in a year — Greta, school strikes, Extinction Rebellion — unraveled during Australian bushfires…
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Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?
—Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and…
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Constitutions, Science, and COVID: Does Constitutional Protection of Science and Health Predict Pandemic Outcomes?
—Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] Those of us who study constitutions (especially in a comparative approach) are bound to wonder about the extent to which constitutional law…
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Why Replacing the Brazilian Constitution Is Not a Good Idea: A Response to Professor Bruce Ackerman
—Thomas da Rosa Bustamante, Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, Federal University of Minas Gerais; Jane Reis Gonçalves Pereira, Rio de Janeiro State University; Juliano Zaiden Benvindo and Cristiano Paixão, University of Brasília In a provocative piece that was first published in Portuguese and then in an English version on ICONnect, Professor…
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Brazil’s Constitutional Dilemma in Comparative Perspective: Do Chile and Spain Cast Light on the Bolsonaro Crisis?
Introductory Note: This is an expanded version of an essay originally published in Portuguese by the Correio Braziliense on Monday, July 13, 2020. Here is an English translation. The present essay provides a comparative perspective on Brazil’s current crisis, and provides a global audience with a more detailed account of its constitutional development over the…
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Too Poor to Travel: The Right to Inclusive Mobility Beyond the Lockdown
—Sofia Ranchordas, University of Groningen [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] As governments throughout the world are devising strategies to ensure that their citizens can safely return to their workplaces after the initial 2020 public health lockdowns, transportation experts…
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“Constituent Power” and Referendums in Quebec: Instrumentalizing Sieyès?
—Maxime St-Hilaire, Université de Sherbrooke In Quebec nationalist constitutional thinking, the holding of a referendum is sometimes explicitly connected with the (somewhat fashionably) internationally revived idea of “pouvoir constituant”. Beyond proposals for referendums on secession or on the ratification of the constitution of an independent Quebec, there are now calls for holding a referendum on…
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The Increasingly Thankless Task of Judicial Deference: A Conservative Court Struggles with Audacity and Incompetence in the Trump Administration
—Andrea Scoseria Katz, NYU School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] If recent polls are anything to go by, U.S. President Donald Trump’s chances for reelection in November 2020 look increasingly imperiled.
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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Position Paper
—Daniel Sarmiento, Universidad Complutense de Madrid, and J.H.H. Weiler, NYU School of Law There is little point in rehearsing in length, yet again, the all too justified laments about the unfortunate decision of the German Constitutional Court (“BVerfG”) in the case of Weiss on the European Central Bank’s public asset purchase program.
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COVID-19 and the Bound Executive
—Tom Ginsburg, University of Chicago, and Mila Versteeg, University of Virginia The COVID-19 pandemic has prompted a wide variety of governmental responses as it makes its way around the globe, and scholars have been tracking them from many different angles. In a new paper, we argue that the pandemic response should modify our understanding about…