Blog of the International Journal of Constitutional Law

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Abortion and Selective Conscientious Objection

Published: 24 May, 2023

--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.] Universal conscientious objection in the health sector challenges the provision of legally guaranteed services, thus possibly jeopardizing the right to health of affected persons. Selective conscientious objections have been proposed as a remedy...

The Major Questions Doctrine and the Principle of Legal Reserve: A Comparison between the U.S. and Spain

Published: 14 April, 2023

--José Ignacio Hernández G., Invited professor, Castilla-La Mancha University (Spain); Researcher, Coruña University (Spain)[1] In memory of Eduardo García de Enterría, on the centennial of his birth The modern Administrative State in the United States has sparked a debate about its constitutionality, particularly in terms of adhering to the original meaning of the Constitution. Some...

A Call to Constituent-Power Ethnography

Published: 12 April, 2023

In latest @iconnect_blog column, Joao Vitor Cardoso examines how the tools of constitutional ethnography can be used to shed new light on the concept of constituent power: #url#

Babies, Tires, and Armed Gods Woven Together: The Missing Link in Post-mortem Analysis

Published: 8 March, 2023

--João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] “Democratic decay” has become a hot topic. Leading scholars in the field engaged critically with the nature of the threats facing constitutional democracies today, including climate change, religious fundamentalism, globalization, and populism....

The Indian Constitution through the Lens of Power – I: The Union and the States

Published: 1 March, 2023

--Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In his book, Latin American Constitutionalism, Roberto Gargarella calls upon scholars of constitutional law to focus upon the “engine room” of the Constitution: i.e., that part of the Constitution...

Self-healing Constitutions

Published: 8 February, 2023

--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.] Last month MIT News reported that we have finally opened a window to why ancient Roman concrete structures can last...

Latin American Constitutional Law and Green Constitutionalism: A Path Forward

Published: 20 January, 2023

--José Ignacio Hernández G., Law Professior, Catholic University and Central University (Venezuela); Invited Professor, Pontifical University (Dominican Republic), and La Coruña and Castilla-La Mancha Universities (Spain); Fellow, Growth Lab-Harvard Kennedy School Introduction As Ricardo Hausmann explains, to achieve energy transition goals, it is necessary to electrify the economy or, in other words, decarbonize the economy....

The Taliban and Islamic Constitutionalism in Afghanistan: Reviving an Old Episode?

Published: 23 December, 2022

--Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] Within the thriving body of the literature on constitutionalism, “Islamic constitutionalism” continues to be understudied and undertheorized. Although the constitutional experiences of Muslim states have been...

Comparative Common Good Constitutionalism: A Latin American Perspective

Published: 9 December, 2022

--José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University Adrian Vermeule has recently proposed a new legal theory to interpret the U.S. Constitution that departs from originalism and living constitutionalism: the common good constitutionalism (CGC).[i] At...

Towards a New Relationship Between Courts and the Public?

Published: 7 December, 2022

--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...

Facing climate change in the Brazilian Supreme Court: The right to a healthy environment as a human right

Published: 5 December, 2022

--Luís Roberto Barroso, Justice at the Brazilian Supreme Court; Professor of Law at the Rio de Janeiro State University – UERJ and University Center of Brasília – CEUB; L.L.M., Yale Law School. S.J.D., Rio de Janeiro State University - UERJ; Post-doctoral studies as Visiting Scholar at Harvard Law School; Senior Fellow at Harvard Kennedy School...

There is no Comparatist Heaven of Constitutional Concepts

Published: 2 November, 2022

--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.] “An exercise in conceptual clarification.” This is how Gary Jacobsohn described his and Yaniv Roznai’s coauthored book, Constitutional Revolution.[1] For them...

International Democracy and United States Constitution Day: Why American Constitutionalists Should Pay More Attention to Democracy

Published: 15 September, 2022

--Miguel Schor, Professor of Law and Associate Director of the Drake University Constitutional Law Center By a happy calendrical coincidence, United Nations International Democracy Day, which falls on September 15, is observed two days before United States Constitution Day. This coincidence provides an opportunity to reflect on the linkages between democracy and our constitution. As...

Jacobsohn & Roznai’s Machiavellian Insights for our Machiavellian Moment

Published: 7 September, 2022

--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.] Motivating Gary Jacobsohn & Yaniv Roznai’s Constitutional Revolution (2020) are a series of Machiavellian moments, times when a profound political...

The Kenyan Supreme Court Writes a New chapter in the History of the Rule of Law in Africa

Published: 20 August, 2022

--Stephanie Rothenberger, Konrad Adenauer Stiftung Rule of Law Programme for Anglophone Sub-Saharan Africa [Editors’ Note: This is the first post in a symposium on the Building Bridges Initiative (BBI) in Kenya, through which President Uhuru Kenyatta attempted to introduce the Constitution of Kenya (Amendment) Bill, 2020. Among the various reforms proposed therein, the bill introduced...

The Taliban and the Fall of Afghanistan’s Constitutional Tradition

Published: 22 July, 2022

--Shamshad Pasarlay (Visiting Lecturer, The University of Chicago Law School) [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] The fall of the Islamic Republic of Afghanistan in August 2021 marked yet another abrupt rupture in political power in the country’s long and tumultuous history. The new...

Grappling with the Civil-Common Law Divide in Constitutional Law

Published: 20 July, 2022

--Maartje De Visser, Singapore Management University, Yong Pung How School of Law [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] Considerable attention has been devoted, in comparative law generally, to classificatory efforts. A quintessential distinction is that between the civil and the common law traditions, which...

From the Least Dangerous Branch of Government to the Most Democratically Disruptive Court in the World

Published: 12 July, 2022

--Miguel Schor, Professor of Law and Associate Director of the Drake University Constitutional Law Center In The Federalist, Alexander Hamilton wrote that the United States Supreme Court is the least dangerous of the three branches of government as it lacks the power of the President or Congress. Hamilton did not and could not have envisioned...

Overturning of Roe v Wade: Time to Rethink US Engagement With International Human Rights Law?

Published: 8 July, 2022

—Frédéric Mégret, Professor and Dawson Scholar, Faculty of Law, McGill University The aftermath of Dobbs v. Jackson Women’s Health Organization is leading lawyers throughout the US to fathom its implications, state by state. This drilling down is as it should be, given US constitutional and federal dynamics. Much less attention, however, has been devoted to...

The Constitutional Value of Citizenship: the Latest Decision from Australia’s High Court

Published: 6 July, 2022

—Elisa Arcioni, Associate Professor, The University of Sydney Law School On 8 June 2022, in the decision of Alexander v Minister for Home Affairs [2022] HCA 19,  the High Court of Australia struck down a citizenship-stripping provision as unconstitutional. The ultimate decision rested on the process through which the citizenship could be lost. In the...