Tag: constitutional theory
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ICON-S “New Scholarship Showcase”
New Scholarship Showcase is a brand new format promoted by the ICON-S Committee on “New Directions in Scholarship”. We will periodically invite a public law scholar to discuss his or her newly published book. Our inaugural edition of this new format features Stephen Tierney, Professor of Constitutional Theory and Director of the Edinburgh Centre for Constitutional Law.
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Can There be Classics of Comparative Constitutional Law Theory?
—Bryan Dennis G. Tiojanco, Project Associate Professor, University of Tokyo, Graduate Schools for Law and Politics. Twitter: @botiojanco [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] In a paper talk I gave late last month I got advice that had me thinking about the question above.
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How the financial crisis has affected constitutions
–Dr. Alkmene Fotiadou, Centre for European Constitutional Law (Athens, Greece) In the comparative chapter of the book Constitutions in the Global Financial Crisis by Xenophon Contiades (ed.), we attempted to trace how the financial crisis impacted formal and informal constitutional change based on data and analysis provided in the book by constitutional scholars from Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain the UK and the USA.
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?
—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?
—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign.
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Making Government Work for the 99%? (And the 53%? And the 47%)?: Why we Need to Re-think the Separation in the Separation of Powers
—Eoin Carolan, Lecturer in Law, University College Dublin Has the separation of powers outlived its usefulness? After all, contemporary government bears little if any resemblance to the 18th century structures on which Montesquieu’s influential account of the separation of powers was modelled.