Blog of the International Journal of Constitutional Law

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How to Misread a Constitution

Published: 1 July, 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.] Legal comparatists start understanding any new constitution in the same way we begin understanding anything: through a progression of mental...

We Like It So? The Continuing Saga Of Caribbean Savings Law Clauses

Published: 24 June, 2022

—Ria Mohammed-Davidson, Attorney-at-Law at Chambers of Mr. Rolston F. Nelson, SC, Trinidad and Tobago In the Anglophone Caribbean, no issue has dominated the landscape of constitutional jurisprudence more than the savings law clause. These clauses immunise existing laws and punishments by saving them from being declared inconsistent with the rights and freedoms contained in the...

The Rule of Law in Bosnia and Herzegovina

Published: 16 June, 2022

—Benjamin Nurkić, Ph.D. student, Faculty of Law, University of Tuzla The problem of implementing the rule of law in Bosnia and Herzegovina (BiH) remains the main problem after the signing of the Dayton Peace Agreement (DPA). However, the DPA created the conditions for ethnic discrimination, as it was determined by the rulings of the European...

Video Book Interview: “Constitutional Erosion in Brazil” (Hart 2021)

Published: 24 May, 2022

--Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin The first book in the new Hart Series on "Constitutionalism in Latin America and the Caribbean" is titled "Constitutional Erosion in Brazil," authored by Emilio Peluso Neder Meyer, professor of constitutional law at the Federal University of Minas...

Towards a More Inclusive Constitutional Discourse: Overcoming Linguistic Barriers

Published: 18 May, 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.] The rise of English as the lingua franca is a well-known phenomenon that has affected many areas of our lives. When it comes to...

Afghanistan’s Unwritten Constitution under the Taliban

Published: 17 May, 2022

--Shamshad Pasarlay, Visiting Lecturer, The University of Chicago Law School [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] After taking control of Afghanistan last summer, the Taliban wasted no time in tearing down the legal and political order that had developed under the country’s 2004...

Informal Co-Optation Semi-Presidentialism: Bolsonaro´s Most Successful Autocratizing Strategy

Published: 12 May, 2022

--Juliano Zaiden Benvindo, Associate Professor at the University of Brasília and CAPES-Humboldt Senior Fellow at the Max-Planck Institute for Comparative Public Law and International Law A significant transformation is taking place in Brazil’s system of government. The country has a long history of discussion of whether its political system should maintain its presidential form or...

Comparative Constitutional Law Theory Today Depends Upon Back-Translators

Published: 29 April, 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.] ‘How to Save a Constitutional Democracy’, the title of Tom Ginsburg and Aziz Huq’s 2018 book, perfectly captures the gist...

“Look Who’s Talking!” The Strange Story of Disownment in Taiwan’s New Experiment on Constitutional Review

Published: 28 April, 2022

--Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick Introduction: Opinions of the Court Disowned Taiwan’s Constitutional Review 3.0 has seen its first 100 days since the Constitutional Court Procedure Act (CCPA) came into effect on January 4, 2022.  Although judicial time does not fly, the Taiwan...

You want it darker? The Brazilian Supreme Court Kills the Flame: The Temporary Suspension of Telegram Services in Brazil

Published: 12 April, 2022

—Lucas Henrique Muniz da Conceição, Ph.D. Student at Bocconi University On March 18, Justice Alexandre de Moraes decided to suspend Telegram until the platform complied with the previous five decisions issued by the Supreme Court. The decision follows the partial results of the current judicial criminal inquiry no. 4781, in which investigations have uncovered an...

Book Review: Tom Flynn on “The Mimetic Evolution of the Court of Justice of the EU” (Leonardo Pierdominici)

Published: 9 April, 2022

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Tom Flynn reviews Leonardo Pierdominici's book on The Mimetic Evolution of the Court of Justice of the EU (Palgrave Macmillan, 2020).] —Tom Flynn, University of Essex This fascinating book analyses the development of the CJEU from its earliest days to the present through the lens of...

Abusive Feminism

Published: 6 April, 2022

--Rosalind Dixon, University of New South Wales Last month, the Hungarian Parliament elected the country’s first ever female president, Katalin Novák.[1] Novák is a former minister for family policy and close ally of Prime Minister Viktor Orbán. She is also young, telegenic, and happy to talk about her role as a wife and mother. For...

Can There be Classics of Comparative Constitutional Law Theory?

Published: 17 March, 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.] In a paper talk I gave late last month I got advice that had me thinking about the question above....

Review Essay: Nicholas Barber, The United Kingdom Constitution: An Introduction (Oxford, Clarendon Law, 2022)

Published: 8 March, 2022

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Stephen Tierney reviews Nicholas Barber's book "The United Kingdom Constitution: An Introduction" (Oxford: Clarendon Law, 2022) —Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh; Legal Adviser, House of Lords Constitution Committee Nicholas Barber’s excellent new book is published at a time of great flux in the...

On March 8, Why Celebrate Feminist Constitutionalism?

Published: 8 March, 2022

--Christine Peter da Silva, Associate Professor, Uniceub; Estefânia Maria de Queiroz Barboza, Professor, UFPR and Uninter; Marina Bonatto, Researcher at the Center for Studies of the Constitution, UFPR; and Melina Girardi Fachin, Professor, UFPR The female universe is plural, complex and diverse. Feminist constitutionalism does not intend to reduce all inequalities and multiplicities in a...

The Watchdog is Still Watching – but the Oversight Rules have to be Reconsidered. Discussing Kelemen and Pavone’s Article

Published: 24 February, 2022

—Massimo Condinanzi, Professor of EU Law, University of Milan and Coordinator of the National office for the resolution of infringement proceedings; Jacopo Alberti, Associate professor of EU Law, University Ferrara, Camilla Burelli, Research fellow in EU Law, University of Milan Are we sure that the European Commission has loosened its approach in controlling Member States’...

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

Published: 2 February, 2022

--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...

The Myth of a Constitution’s ‘Goodness’: What We Get Wrong about Afghanistan’s 1964 Constitution

Published: 26 January, 2022

--Shamshad Pasarlay, Max Planck Foundation for International Peace and the Rule of Law [Editor’s Note: This is one of our biweekly ICONnect columns. The views expressed in this column belong solely to the author and do not necessarily reflect the opinions of the author's organization.] On September 28, 2021, nearly two months after taking control...

Hate, Lies, and Democracy

Published: 22 January, 2022

--Luís Roberto Barroso, Professor of Constitutional Law at the State University of Rio de Janeiro, Justice at the Brazilian Supreme Court, and President of the Superior Electoral Court I.  The Digital Revolution The world is living under the Third Industrial Revolution--the Technological or Digital Revolution--which began in the final decades of the 20th century, and...

Transnational Elite Self-Empowerment and Judicial Supremacy

Published: 16 January, 2022

--Cristina E. Parau, Oxford University [Editor’s Note: This is a reply to Conor Gearty’s recent review of Dr. Parau’s Transnational Networks and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond (OUP 2018).] This note is in reply to a review of my monograph Transnational Networks and Elite Self-Empowerment: The Making of the...