Category: Analysis
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UN Treaty Body Views and their Domestic Legal Effects (in Spain): An Alternative Take
–Başak Çalı, Professor of International Law, Hertie School of Governance, Editor in Chief, Oxford Reports on UN Human Rights Treaty Body Views A recent post on I-CONnect by Viljam Engström discussed the Spanish Supreme Court judgment on the domestic legal effects of the views of the CEDAW Committee in the case of González v Spain.
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Samuel Moyn in Bogotá: Not Enough and Domestic Constitutional Histories
—Jorge González-Jácome, Universidad de los Andes (Bogotá) The recent publication of Samuel Moyn’s Not Enough has triggered an important debate among human rights and international law scholars. The book focuses on the discussion about the relationship between the human rights revolution of the 1970s and the more or less simultaneous rise of neoliberalism and its…
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When Court Criticism Threatens the Rule of Law: A Three-Part Test
—Brian Christopher Jones, Lecturer in Law, University of Dundee. Email: b.c.jones@dundee.ac.uk. Criticism of the courts, although essential to the operation of democracy, has recently been tested on a number of fronts, leading to a host of allegations that such criticism may violate the rule of law.
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Constitutional Dyssynchrony and the Debate over Abortion in Latin America
—Juliano Zaiden Benvindo, University of Brasília It is commonly understood that “constitution-making tends to occur in waves,”[1] as Jon Elster wrote in his fascinating paper Forces and Mechanisms in the Constitution-Making Process in 1995. Another very relevant perception is that constitutionalism has become over the years increasingly inclusive despite many exceptions worldwide and the various…
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(Un)Constitutional Amendment No. 95/2016 and the Limit for Public Expenses in Brazil: Amendment or Dismemberment?
–Bárbara Mendonça Bertotti, LL.M candidate at the Pontifical Catholic University of Paraná, Curitiba, PR, Brazil Origin and Objectives of the Amendment n. 95 to Brazilian Constitution The Constitutional Amendment n. 95/2016 to the Brazilian Constitution was a result of a constitutional amendment bill proposed by the President of the Republic and approved by the Brazilian…
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I-CONnect Symposium–The Aftermath of the Italian General Election of March 4, 2018–Populism Versus Constitutionalism 101: What Can We Learn from the Italian Scenario?
[Editor’s Note: This is the final Part in our symposium on the Italian General Election of March 4, 2018. The Introduction to the symposium is available here, Part II is available here and Part III is available here. The symposium is convened by Antonia Baraggia.]
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I-CONnect Symposium–The Aftermath of the Italian General Election of March 4, 2018–Taming the Crisis
[Editor’s Note: This is Part III in our symposium on the Italian General Election of March 4, 2018. The Introduction to the symposium is available here and Part II is available here. The symposium is convened by Antonia Baraggia.] —Alessandro Torre, Full Professor of Constitutional Law, University of Bari “Aldo Moro”, Italy Despite the fact that the new…
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I-CONnect Symposium–The Aftermath of the Italian General Election of March 4, 2018–The Italian Political Elections: A Definitive Back to the Past?
[Editor’s Note: This is Part II in our symposium on the Italian General Election of March 4, 2018. The Introduction to the symposium is available here. The symposium is convened by Antonia Baraggia.] —Francesco Clementi, Associate Professor of Comparative Public Law, University of Perugia (Italy) During the twenty-four years that characterise the last six Italian Legislatures (1994-2018),…
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Introduction to I-CONnect Symposium–The Aftermath of the Italian General Election of March 4, 2018: Political and Constitutional Issues
[Editor’s Note: I-CONnect is excited to feature a special symposium on the Italian general election of March 4, 2018. The symposium will feature four parts, including this Introduction. We are grateful to Professor Antonia Baraggia for convening this symposium. We hope it will illuminate some of the quite fascinating and important political and constitutional questions arising…
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I-CONnect Symposium–The Chilean Constitutional Court’s Abortion Decision: More Questions than Answers
[Editor’s Note: This is the final entry in our symposium on the one-year anniversary of the Chilean Constitutional Court’s abortion decision. We reiterate our warmest thanks to Professor Marta Rodriguez de Assis Machado for convening this symposium for our readers. The Introduction to the symposium is available here, Part I is available here, Part II is available here, Part III…