Blog of the International Journal of Constitutional Law

Tag: South Africa

  • Article Review/Response: Robert Leckey and Grant Hoole on Remedial Discretion

    [Editor’s Note: In this installment of I•CONnect’s Article Review/Response Series, Grant Hoole reviews Robert Leckey’s recent article in I•CON on The Harms of Remedial Discretion. Leckey then responds to the review.] Review of Robert Leckey’s “The Harms of Remedial Discretion” —Grant Hoole, University of New South Wales Robert Leckey has raised an important dissenting voice challenging the generally favourable treatment constitutional scholars have given to the rising use of prospective or delayed judicial declarations of invalidity in countries with entrenched bills of rights such as South Africa and Canada.

  • Video Interview: “Bills of Rights in the Common Law” Featuring Robert Leckey

    —Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Robert Leckey on his forthcoming book entitled “Bills of Rights in the Common Law,” to be published by Cambridge University Press in May 2015.

  • Time and Sequence in Changes of Constitutional Regimes

    —Andrew Arato, The New School for Social Research Introduction The concept of the constituent power emerged in the revolutions of the 17th and 18th centuries. Many new constitutions since then were made through variety of non-revolutionary processes. Yet, the normative link between democratic forms of constitution making and revolution, deeply embedded in the notion of the constituent power of the people, has survived in both political and legal theory.

  • Four Models of Politicized Judicial Selection

    —Richard Albert, Boston College Law School Judges on national courts of last resort are generally appointed in politicized processes. Judicial selection is politicized when the choice rests on popular consent mediated in some way through elected representatives. We can identify four major models of politicized judicial selection in constitutional states: (1) executive unilateral appointment; (2) shared and unified appointment; and (3) shared but divided appointment; and (4) mixed institutional appointment.

  • Article Review: David Landau on Social Rights Enforcement

    [Editor’s Note: In this first installment of I•CONnect’s Article Review Series, Brian Ray reviews David Landau’s article on “The Reality of Social Rights Enforcement.” Professor Landau then responds to Professor Ray’s review.] A Review of Landau on Social Rights Enforcement —Brian Ray, Associate Professor, Cleveland-Marshall College of Law David Landau’s recent article The Reality of Social Rights Enforcement provides some important correctives to what he calls the consensus recommendation that courts should enforce social rights provisions through weak-form or dialogic review. 

  • In Search of Alternative Standards for the Adjudication of Socioeconomic Rights

    —Carlos Bernal, Senior Lecturer, Macquarie University Socioeconomic rights are one of the greatest innovations of contemporary constitutionalism, in particular, of developing countries. Some of their constitutions address the issues of poverty, unsatisfied basic needs, lack of resources for the exercise of freedoms and political rights, and unequal distribution of opportunities and wealth, by means of the entrenchment of this kind of rights.