Category: Analysis
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Brazilian Constitutionalism Moving Backwards? Same-Sex Marriage and the New Conservative Congress
—Juliano Zaiden Benvindo, University of Brasilia, Brazil The debate over same-sex marriage is once again in the newspaper headlines. After the US Supreme Court accepted, on February 16, to hear the cases brought by fifteen same-sex couples from four states (Michigan, Ohio, Kentucky, and Tennessee), chances are that, finally, a federal judicial ruling in this…
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Mercy and Judicial Review in the Commonwealth
—Adam Perry, Lecturer in Law, Queen Mary University of London Judges in Commonwealth jurisdictions are increasingly willing to review the executive’s decisions to grant or refuse mercy (ie, decisions to grant or refuse a request for a pardon or remission of a sentence for a criminal offence).
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Video Interview: Counter-Interpretation and Constitutional Supremacy, Featuring Joshua Braver
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Joshua Braver on judicial review in the United Kingdom and the United States, specifically as it relates to a phenomenon he identifies as “counter-interpretation.”
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Fetters on Prerogative Powers
—Adam Perry, Lecturer in Law, Queen Mary University of London Suppose you have a statutory power, which you decide to exercise in a certain way from now on, come what may. Maybe your decision takes the form of a policy. Maybe it takes the form of an agreement.
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Video Interview: Judicial Appointments in India, Featuring Nick Robinson
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Nick Robinson on the subject of judicial appointments in India. In the interview, we discuss how judicial appointment will change under 121st amendment to the Indian Constitution, which will constitutionalize the National Judicial Appointments Commission.
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An ISIL AUMF? Counterterrorism and Congressional Authorization in the United States
—William C. Banks, Syracuse University, Myriam Feinberg, Tel-Aviv University, and Daphné Richemond-Barak, Lauder School of Government While the efficacy of strikes against the Islamic State of Iraq and the Levant (also known as Daesh – Al Al-Dawla Al-Islamiya fi al-Iraq wa al-Sham – in Europe) is questioned, lawyers…
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Video Interview: National Supreme Courts and Legal Complexity, Featuring Kate Glover
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Kate Glover on the subject of national supreme courts and legal complexity, with a particular focus on Canada in comparative perspective.
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The International Law Response to the Hong Kong Electoral Reform Debate
—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law More than two months into Hong Kong’s pro-democracy protests, the city’s police force – armed with teargas and, in some instances, assisted by vigilantes – renewed its assault on protest encampments in the districts of Mongkok and Admiralty.