Blog of the International Journal of Constitutional Law

Tag: Venice Commission

  • The Venice Commission and Transnational Constitutional Advice: Relevance for Mature Democracies

    —Maartje De Visser, Singapore Management University, Yong Pung How School of Law [Editor’s Note: This is one of our biweekly ICONnect columns.] On 10 January, the new Dutch government was sworn in, almost a year after its predecessor stepped down. The previous government fell over gross maladministration of a system for childcare allowances, with thousands of parents being unjustifiably labelled as tax defrauders and charged to repay large sums of money over minor mistakes in paperwork.

  • 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 colleagues and disapproval of the results they reach or their reasoning attracts wider notice.

  • Spanish Supreme Court Bringing UN Treaty Bodies One Step Closer to International Courts?

    —Viljam Engström, Åbo Akademi University, Finland As we have recently learned from Koldo Casla at EJIL:Talk! and elsewhere, the Spanish Supreme Court affirmed in July this year that the views expressed by UN Human Rights Treaty Bodies, in this case the Committee on the Elimination of Discrimination Against Women (CEDAW), in individual complaints are binding on the state and that the state must comply with the decision of the Committee.

  • I-CONnect Symposium on “Constitutional Boundaries” — The Social Dimension of the Rule of Law

    [Editor’s Note: This is the fifth entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here, the first entry is available here, the second entry is available here, the third is available here, and the fourth is available here.]

  • Enough Complacency: Fighting Democratic Decay in 2017 (I-CONnect Column)

    —Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law [Editor’s note: This is the inaugural I-CONnect column — a new column will appear once every two weeks.  The idea of the columns is to provide the blog with regular contributors who have a distinctive voice and unique perspective on public law.

  • Russia’s Constitutional Court Declares Judgment of the European Court “Impossible” to Enforce

    –Ilya Nuzov, Geneva Academy of International Humanitarian Law and Human Rights Last month on April 19, 2016, Russia’s Constitutional Court ruled that enforcement of the 2013 Anchugov & Gladkov v. Russia judgment of the European Court on Human Rights (ECtHR) is ‘impossible’, because it is contrary to the Russian Constitution.

  • Book Review: Bogdan Iancu on Bianca Selejan-Guțan’s “The Constitution of Romania: A Contextual Analysis”

    [Editor’s Note: In this installment of I•CONnect’s Book Review Series, Bogdan Iancu reviews Bianca Selejan-Guțan’s book on The Constitution of Romania: A Contextual Analysis.] Contextualizing Romania’s Fragmented Constitutionalism —Bogdan Iancu, Associate Professor (Comparative Constitutional Law and Constitutional Theory), University of Bucharest, Faculty of Political Science For a long time after the collapse of state socialism, the countries that had just emerged from under the Iron Curtain were collectively referred to by the conceptual proxy of ‘post-communism’.

  • Global Standards of Constitutional Law: What Knowledge? What Method?

    —Maxime St-Hilaire, University of Sherbrooke Over the past few years, I have been led to try to draw theoretical implications and conclusions (not to mention political and moral ones) from new forms of constitutional law practice such as the Venice Commission’s, a broad advisory organ of the Council of Europe.

  • One Year After: How the Romanian Constitutional Court Changed its Mind

    –Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law July 2012 was the scene of the most important constitutional crisis in Romania since December 1989. I explored some salient aspects of the crisis in an earlier post on this blog.

  • The Illusion of the Romanian Constitution?

    —Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law On July 29th, 2012, over 8 million Romanian citizens (i.e. over 46% of the electoral records) voted in the referendum organized for the dismissal of the President. More than 87% voted in favor of the dismissal.