Category: Analysis
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Whose “Constitutional Moment” is it Anyway? A Response to Professor Chen on Electoral Reform in Hong Kong
—Alyssa S. King, lawyer in New York and 2012 graduate of Yale Law School, and Alvin Y. H. Cheung, New York University School of Law* As the controversy over Hong Kong’s Chief Executive electoral reforms for 2017 rages on, it is vital not to lose sight of the parameters of the debate.[i]
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Suspended Declarations of Invalidity and the Rule of Law
—Robert Leckey, McGill University [cross-posted from UK Constitutional Law Blog] In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v Bedford, the Court struck down prohibitions against keeping a bawdy-house, living on the avails of…
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Tunisia’s New Constitution: Progress and Challenges to Come
–Zaid Al-Ali (Senior Advisor, International IDEA) and Donia Ben Romdhane (Senior Advisor, International IDEA) [Cross-posted from Open Democracy] In spite of a number of serious challenges, the Tunisian Constituent Assembly – under the people’s ever watchful eye – successfully negotiated a new and modern constitution.
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An End to European Multilateralism: A Comment on the German Bundesverfassungsgericht’s OMT Decision
—Dr. Oliver Gerstenberg, University of Leeds When it comes to adjudicating the European sovereign debt crisis, the German Bundesverfassungsgericht (BVG) emerges as a sharply divided court. Back in August 2012, Mario Draghi pledged to do “whatever it takes” to prevent a single currency break-up.
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The Dynamics of Constitutional Change in Mexico 1997-2012: New Data from Reformar sin Mayorias
Editor’s Note: Last Friday, I was honored to participate in an event in Mexico City for the publication of a new book, Reformar sin Mayorias (Reforming without Majorities) on the recent pattern of constitutional amendment in Mexico. The book, edited by the distinguished scholars María Amparo Casar and Ignacio Marván, is in Spanish but has some…
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Squaring the “Universal Suffrage” Circle in Hong Kong’s Transition to Democracy Under the Guidance of China
—P.Y. Lo, Barrister-at-law, Gilt Chambers, Hong Kong; Part-time tutor, Faculty of Law, The University of Hong Kong. Hong Kong is a transitional democracy in the sense that its constitutional instrument, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (the Basic Law) [1], provides for the fast track…
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Commemorating the 15th Anniversary of the Quebec Secession Reference
—Richard Albert, Boston College Law School Last semester here at Boston College, we welcomed a distinguished panel to commemorate the 15th anniversary of the Quebec Secession Reference. Former Canadian Supreme Court Justice Frank Iacobucci shared his unique perspective on the reference as a member of the Court that issued the ruling, Osgoode Hall Law School…
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Comparative methodology in I.CON’s recent issue
I.CON’s recent issue opens with two theoretical papers, each employing a comparative methodology in the theorization of constitutional ideas and practices. Focusing on originalist approaches in the United States and Australia, Lael Weis illustrates how a comparative work can advance our debates on constitutional interpretation.