Category: Analysis
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“De-constitutionalism” in Turkey?
–Dr. Ali Acar, Ph.D. in Law, EUI Can “de-” be a modifier to describe the constitutionalism in a country? [1] This is what Prof. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey.[2] He argues that Turkey undergoes a process of de-constitutionalism through various ways and practices of constitutional…
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Transnational Disagreement on Human Rights: How U.S. Appellate Courts address the “Human Rights and Fundamental Freedoms” Clause in the Hague Convention on the Civil Aspects of International Child Abduction
—Francesca Genova, University of Notre Dame While the phrase “human rights and fundamental freedoms,” found in the Hague Convention on the Civil Aspects of International Child Abduction[1] (Hague Convention), is ubiquitous in international human rights treaties and regimes,[2] it is not native to American jurisprudence.
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The Brexiteers: Right Answer, Wrong Question
—Nicholas Barber, Associate Professor of Constitutional Law, Oxford University Towards the end of the 1990s I was invited to a workshop just outside of Berlin at which a group of young academics gathered to discuss the future of the European Union.
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The Democratic Recession and the “New” Public Law: Toward Systematic Analysis
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law 2016 thus far has been marked by democratic backsliding and constitutional crises worldwide: European Commission ‘rule of law’ investigations into Polish laws on the Constitutional Tribunal and media;[1] Turkish President Erdoğan’s insistence that he will not comply with decisions of the Constitutional Court or the…
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South African Constitutional Court Orders President to Reimburse State
–James Fowkes, Senior Researcher, Institute for Comparative and International Law in Africa, University of Pretoria A few days ago on Thursday, March 31, the South African Constitutional Court ordered President Jacob Zuma to reimburse the state personally for non-security improvements to his private residence, in terms of a structural interdict.
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The Emergency Constitution of Greece: Ideal on Paper, Inefficient in Reality
—Antonios Kouroutakis, Post-Doctoral Fellow, Aristotle University of Thessaloniki Wars, social unrest, and armed coups in 20th century Greece informed the drafters of the 1975 Greek Constitution on the issue of emergency.[1] De lege lata, the emergency toolbox of Greece, provides policymakers with a plethora of options to address emergency situations.[2]
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Catholicism strikes back? The Problematic Secularization of Colombian Constitutional Discourse
—Jorge González, Pontificia Universidad Javeriana (Bogotá) Since a 2006 ruling, the Colombian Constitutional Court has pushed towards the legalization of abortion. However the implementation has had its difficulties partly in light of the interpretation of the three cases in which abortion is permitted: when the mother’s health or life is in danger as a result…
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Judicial Appointments in the Commonwealth: Is India Bucking the Trend?
Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. –Dr Jan van Zyl Smit, Associate Senior Research Fellow, Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law In recent years many Commonwealth states have adopted, or at least debated, reforms to their…
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Developments in Italian Constitutional Law: The Year 2015 in Review
[Editor’s Note: In this special post, we feature a 2015 year-in-review of developments in Italian Constitutional Law. We are grateful to Marta Cartabia, Pietro Faraguna, Michele Massa and Diletta Tega for this important contribution to the study of comparative public law.