Tag: Constitutional Interpretation
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We Like It So? The Continuing Saga Of Caribbean Savings Law Clauses
—Ria Mohammed-Davidson, Attorney-at-Law at Chambers of Mr. Rolston F. Nelson, SC, Trinidad and Tobago In the Anglophone Caribbean, no issue has dominated the landscape of constitutional jurisprudence more than the savings law clause. These clauses immunise existing laws and punishments by saving them from being declared inconsistent with the rights and freedoms contained in the…
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Taking Constitutional Statecraft Beyond the Courts – a Book Review of Yvonne Tew’s “Constitutional Statecraft in Asian Courts”
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Ming-Sung Kuo reviews Yvonne Tew’s book on Constitutional Statecraft in Asian Courts (Oxford University Press, 2020)] — Ming-Sung Kuo, Associate Professor, University of Warwick, UK National experiences in Asia have abundantly enriched the gene pool of comparative constitutional law thanks to great efforts of scholars from…
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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…
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Special Undergraduate Series–Uganda’s Recent Decision on Public Order Management Act, 2013: When the Constitutional Court Failed Constitutional Interpretation
Special Series: Perspectives from Undergraduate Law StudentsLL.B. Student Contribution —Rahul Garg, National Law University, Jodhpur, and Paras Ahuja, National Law University, Jodhpur On 26th March, 2020, the Constitutional Court of Uganda, in a five-judge bench decision, held Section 8 of the Public Order Management Act, 2013 [hereinafter, “POMA”] to be in violation of the Constitution…
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Book Review: Alex Deagon on “Australian Constitutional Values” (Rosalind Dixon, ed.)
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Alex Deagon reviews Australian Constitutional Values (Rosalind Dixon, ed., Hart Publishing 2018). —Dr. Alex Deagon, Senior Lecturer, Faculty of Law, Queensland University of Technology Australian Constitutional Values is a bold, illuminating edited collection that articulates and investigates a ‘functionalist’ interpretation of the Australian Constitution.[1]
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The Challenge of Interpretation and the 1988 Brazilian Constitution
[Editor’s Note: This is the second entry in our symposium on the “30th Anniversary of the Brazilian Constitution.” The introduction to the symposium is available here.] —Gustavo Ferreira Santos and João Paulo Allain Teixeira, Catholic University of Pernambuco, Federal University of Pernambuco, and National Council for Scientific and Technological Development (CNPq) Brazil enacted a new constitution in 1988, looking for…
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Legal Limits on Beijing’s Powers of Interpretation?
[Cross-posted from HKU Legal Scholarship Blog. The original post, published on November, 3, 2016, appears here.] –Cora Chan, Hong Kong University There are speculations that Beijing’s National People’s Congress Standing Committee (NPCSC) will issue an interpretation of Hong Kong’s Basic Law to bar two legislators-elect in Hong Kong from taking office.
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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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Closing Remarks at Symposium on “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment”
[Editor’s note: In 2014, I organized the inaugural AALS Academic Symposium. The subject of the Symposium was “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment,” and the program was held in New York City at the AALS Annual Meeting.
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The US Same-Sex Marriage Decision: Unconstitutional Constitutional Change?
—Mikołaj Barczentewicz, DPhil in Law Candidate, University of Oxford Much will be written about Obergefell v Hodges, the momentous decision of the US Supreme Court endorsing a constitutional right to same-sex marriage, but in this short blog post I will limit myself to one aspect of the judgment: does it constitute unconstitutional constitutional change?