Tag: proportionality
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Pre-departure tests for Singapore citizens returning home: possibly constitutionally tricky in theory, but not in practice
—Benjamin Joshua Ong, Assistant Professor of Law, Singapore Management University Introduction Can a state require that its own citizens may only enter upon production of a test result showing that they are not infected with COVID-19? Albania, Greece, Australia, Samoa, India, the Netherlands, and Cyprus have taken such measures at one time or another.
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Silwad Municipality v. The Knesset: The Invalidation of the Settlement Regularization Law and its Aftermath
—Tamar Hostovsky-Brandes, Ono Academic College Faculty of Law Introduction On June 9, 2020, the Israeli Supreme Court delivered its decision in the case of Silwad Municipality v. The Knesset, regarding the Settlement Regularization Law (the “Law”), enacted by the Knesset in 2017.
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I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court—The Evolution of Proportionality in Taiwan Constitutional Jurisprudence
[Editor’s Note: This is Part III of our I-CONnect symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers.
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Introduction to I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court
[Editor’s Note: I-CONnect is pleased to feature a one-week symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers.]
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I-CONnect Symposium on “Constitutional Boundaries” — Proportionality and the Boundaries of Borrowing
[Editor’s Note: This is the second entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here, and the first entry is available here.] —Adrienne Stone, Kathleen Fitzpatrick Australian Laureate Fellow, Redmond Barry Distinguished Professor, Director of the Centre for Comparative Constitutional Studies, The University of Melbourne, Melbourne Law School Australian constitutional law is having something of…
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Article Review: David Bilchitz on Matthias Klatt’s “Positive Rights: Who Decides? Judicial Review in Balance”
[Editor’s Note: In this installment of I•CONnect’s Article Review Series, David Bilchitz reviews Matthias Klatt‘s article on Positive Rights: Who Decides? Judicial Review in Balance, which appears in the current issue of I•CON. The full article is available for free here.]
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An Evolution in “Italian Style”: The Constitutional Court says it will Govern the Effects of its Judgments (and Will Use the Proportionality Test to Do It)
—Erik Longo (University of Macerata) and Andrea Pin (University of Padua) Since the adoption of the Constitution in 1947, Italy’s Constitutional Court (CC) has had the primary purpose of defending the normative superiority of constitutional law within the legal order. The Italian model of judicial review of legislation largely takes inspiration from the so-called ‘centralized’…
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Fundamental Rights, Physician-Assisted Death and the Court’s Institutional Role: A Comment on Carter v. Canada (Attorney General)
—Robert Leckey, McGill University, author of the forthcoming Bills of Rights in the Common Law (Cambridge University Press, May 2015) On 6 February 2015, the Supreme Court of Canada reversed its ruling on assisted suicide. In 1993, in a five-four decision, the Court had ruled that the federal government’s blanket ban on assisted suicide complied with the Canadian…
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I•CON Debate Review by Jud Mathews: Proportionality-Based Balancing
[Editor’s Note: In this special installment of I•CONnect’s Review Series, Jud Mathews offers a critical review of the I•CON debate between Luc Tremblay and Matthias Klatt on proportionality-based balancing. The debate appears in the current issue of I•CON, beginning with Tremblay’s paper here, followed by a reply by Klatt here, and concluding with a rejoinder from Tremblay here.
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A “Stunning” Decision of the Polish Constitutional Tribunal: The Ritual Slaughter Case
–Anna Śledzińska-Simon, University of Wroclaw[*] When a judge is to decide on the conformity of a ritual slaughter ban with a constitution she cannot help but realize that it is material for a landmark decision. Yet, in Poland the full panel of the Constitutional Tribunal missed this chance and rendered a judgment that is wrong…