Category: Developments
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Polexit is Coming or is it Already Here? Comments on the Judicial Independence Decisions of the Polish Constitutional Tribunal
—Agnieszka Bień-Kacała, Nicolaus Copernicus University The COVID-19 crisis changed the dynamics of the deterioration of Polish constitutionalism; it has relocated and refocused legal arguments to an extent that could lead us to Polexit. The argument based on the sovereignty of Poland is no longer considered as a mere electoral campaign tool, but has now become…
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2020 I•CON Prize
—Gráinne de Búrca, Florence Ellinwood Allen Professor of Law; Faculty Director, Hauser Global Law School; Director, Jean Monnet Center for International and Regional Economic Law & Justice, New York University, and Joseph Weiler, University Professor; Joseph Straus Professor of Law; European Union Jean Monnet Chaired Professor; and Co-Director, Jean Monnet Center for International and Regional…
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What’s New in Public Law
—Claudia Marchese, Research Fellow in Comparative Public Law at the University of Florence, Italy Developments in Constitutional Courts The German Constitutional Court, in a decision dated 15 April 2020, held that citizens have the right to political protest if they adhere to social distancing rules in place to slow the spread of the coronavirus.As
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“Constitutional Dismemberment” and Strategic Deconstitutionalization in Times of Crisis: Beyond Emergency Powers
—Cristiano Paixão & Juliano Zaiden Benvindo, University of Brasília It could not be otherwise: Covid-19 is the topic of the moment in constitutional law. A series of debates over the impacts of this external factor on the functioning of democratic or authoritarian states, the leadership or not of their respective governments to face such severe…
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The Role of Constitutional Justice in Times of Crisis: The Case of Ecuador
—Andrés Cervantes, Pompeu Fabra University As I write these lines, I am thinking about the complex situation that Ecuador is currently facing because of the national emergency declared over the aggressive progression of the Covid-19 pandemic. However, some of the thoughts expressed here may be also relevant to other Latin-American nations as the Global South…
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What’s New in Public Law
—Chiara Graziani, Ph.D. Candidate and Research Fellow in Constitutional Law, University of Genoa (Italy) In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public…
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Malaysia’s 2020 Government Crisis: Revealing the New Emperor’s Clothes
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] In 2018, Malaysia was hailed as a story of democracy’s triumph. In a historic national election, voters ousted the Barisan Nasional ruling coalition, ending its six decades…
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States’ Reactions to COVID-19 Pandemic: An Overview of the Belgian Case
–Frédéric Bouhon, Andy Jousten, Xavier Miny, and Emmanuel Slautsky. Corresponding Author: Emmanuel Slautsky (Emmanuel.Slautsky@ulb.be) For the past weeks, national and international news has been dominated by a single subject: a large part of the world is affected by the pandemic of the infectious disease called Covid-19, which is due to the spread of a coronavirus.
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What’s New in Public Law
–Susan Achury, Miami University In this weekly feature, I-CONnect publishes a curated reading list of developments in public law. “Developments” may include a selection of links to news, high court decisions, new or recent scholarly books and articles, and blog posts from around the public law blogosphere.
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The Collision between Bolsonaro and the Sovereignty of Science: The Courts Step In
—João Vitor Cardoso, University of Chile Faculty of Law[1] Introduction On Saturday, March 28, a federal court in Rio de Janeiro banned the Brazilian government from disseminating propaganda against confinement measures aimed at controlling the coronavirus pandemic. The federal judge gave the government 24 hours to publish an official statement explaining that its “Brazil Cannot…