Tag: judicial independence
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Constitutional Dialogue or Crisis between Congress and the Supreme Court: A New Equilibrium in Brazil’s Coalition Presidentialism?
—Emilio Peluso Neder Meyer, Associate Professor at the Federal University of Minas Gerais, and Juliano Zaiden Benvindo, Associate Professor at the University of Brasília A fascinating discussion is currently underway in Brazil, whose Supreme Court is known as one of the most stable and interventionist in political affairs in Latin America.
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A Constitutional Crisis in Portugal: The Deadlock at the Constitutional Court
—Teresa Violante, Friedrich-Alexander Universität Erlangen-Nürnberg [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The politicization of judicial appointments is one of the most common threats to the rule of law nowadays. Usually, this phenomenon originated in the political branches, as the examples of Poland, Hungary, and,…
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Towards a New Relationship Between Courts and the Public?
—Maartje De Visser, Singapore Management University, Yong Pung How School of Law [Editor’s Note: This is one of our biweekly ICONnect columns. For more information on our 2022 columnists, see here.] To mark its 70th anniversary, the German Bundesverfassungsgericht released several new informational videos that showcase its justices explaining the court’s internal functioning and some…
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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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Dissenting from the Venice Commission on Dissenting Opinions
—Maxime Saint-Hilaire, Université de Sherbrooke, Canada & Léonid Sirota, AUT University, New Zealand The topic of separate – concurring or dissenting – judicial opinions is sure to generate attention, and some controversy. There is a substantial academic literature on the subject, to which judges have often contributed, but discussion of judicial expressions of disagreement with…
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When Court Criticism Threatens the Rule of Law: A Three-Part Test
—Brian Christopher Jones, Lecturer in Law, University of Dundee. Email: b.c.jones@dundee.ac.uk. Criticism of the courts, although essential to the operation of democracy, has recently been tested on a number of fronts, leading to a host of allegations that such criticism may violate the rule of law.
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Understanding Turkey’s Restructured System for Judicial Appointments and Promotions
—Dr. Ali Dursun Ulusoy, Professor of Law at Ankara University, Former Justice of Turkish Council of State (Danistay), Visiting Scholar, UCLA Law[*] In some countries including Turkey, a special board of judges (and prosecutors) is in charge of nationwide appointments (for everything from regional to apex courts), reshuffles, reassignments, removals and disciplinary procedures of judges…
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Introduction to I-CONnect Symposium: The Slovak Constitutional Court Appointments Case
[Editor’s Note: I-CONnect is pleased to feature a special symposium on the recent Slovak Constitutional Court Appointments Case. The symposium will feature five parts, including this introduction. We are grateful to Simon Drugda for partnering with us to organize this symposium.]