Blog of the International Journal of Constitutional Law

Tag: constitutional convergence

  • Traces of Constitutional Reasoning in Latin America and the Caribbean – Regional Cosmopolitanism Without Backlash?

    —Johanna Fröhlich, Pontifical Catholic University of Chile Latin America is claiming a leading position in global constitutional trendsetting, as its rich constitutional traditions keep inspiring new experiments and novel constitutional theories for seeking structural change. Transformative constitutionalism, Andean neo-constitutionalism or the idea of a distinct Latin American Ius Constitutionale Commune have all trusted judges, and especially justices of constitutional courts, with a great deal of responsibility in order to secure progress in eliminating structural inequalities, social injustice and the sweeping violence from Latin American societies.

  • If It Looks Like A Duck…?

    —Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes?

  • Constitutional Comparativism and Splendid Isolation?

    —Jaakko Husa, Professor, Legal Culture and Legal Linguistics, University of Lapland, Finland Long gone are the days when comparative law was ruled by private law scholars only. After the collapse of socialism we have experienced a global expansion of constitutionalism, judicial review, and human rights.

  • The Canadian Charter of Rights and Freedoms in Hong Kong Jurisprudence

    – Simon NM Young, University of Hong Kong In my current research, I am trying to understand the influence of the Canadian Charter in Hong Kong’s development of human rights jurisprudence after returning to China in 1997. The prospects for migration were strong, though not because constitutional text had been transplanted.