Tag: Constitutional Rights
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The Indian Constitution through the Lens of Power – VI: Rights
—Gautam Bhatia, Advocate, New Delhi, and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The previous five posts in this series have examined the Indian Constitution as a terrain of contestation around five axes of power: federalism, legislative/executive relations, pluralism, guarantor institutions, and…
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Transformative Constitutionalism in Latin America: A Dialogic Route to Utopia?
—Leonardo García Jaramillo, Universidad EAFIT, Government and Political Science Department-Colombia[*] In Latin America during the last three decades, the law (and particularly constitutional law) has been changing dramatically both anatomically and physiologically. It has become more widespread and more powerful, transforming its structure and shape, while its functions have grown in a more complex and inter-related…
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Global Survey for Constitutional Law Experts on Small-c Constitutions
—Adam Chilton, Assistant Professor of Law, University of Chicago Law School, and Mila Versteeg, Professor of Law, University of Virginia School of Law We are asking ICONect readers to please take our survey on small-c constitutions! The survey asks a number of questions about the nature and sources of constitutional law in your country and will…
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Why *Judicial* Review: A Preliminary Typology of Scholarly Arguments
—Richard Albert, Boston College Law School It was perhaps inevitable that the advent of written constitutionalism would quicken the rise of judicial review. The writtenness of a constitution creates a ready-made argument in favor of judicial review, namely that the constitutional text sets the standard against which the constitutionality of governmental action must be measured,…