Author: dlandau
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Special Announcement: I-CONnect Columnists for 2017
—David Landau, Florida State University College of Law The editors of I-CONnect are pleased to announce a new initiative – starting in January 2017, we will be featuring regular columnists. The idea of the columns is to provide the blog with regular contributors who have a distinctive voice and unique perspective on public law.
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Preservationist Constitutional Amendments and the Rise of Antipolitics in Brazil
—Juliano Zaiden Benvindo, University of Brasília Ran Hirschl, in his book Towards Juristocracy, raises a very thorough argument on how political, economic, and judicial elites have strategically used Supreme Courts as “a form of self-interested hegemonic preservation.”[1] As a way of keeping many of their interests virtually untouched for years, especially in democratic and pluralistic…
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Courts and Public Opinion: The Colombian Peace Process and the Substitution of the Constitution Doctrine
—Jorge González-Jácome, Universidad de los Andes Bogotá After many failed attempts to achieve peace since the 1980s, the Colombian government and the rebel group, FARC, sat down in Havana in 2012 to start a new round of peace talks. Four years later, the two parts have reached a 297-page agreement to finish a five-decade-old armed…
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Crisis and Opportunity: Responding to the Brexit Vote (I·CON 14, Issue 3: Editorial)
The vote by a majority of the British people on June 23 to leave the European Union has precipitated a series of gradually unfolding consequences throughout the United Kingdom, within Europe, and across the world. Comparisons have been drawn to the fall of the Berlin Wall, in terms of the magnitude and geopolitical significance of…
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I·CON’s Current Issue (Table of Contents)
I·CON Volume 14 Issue 3 Table of Contents Editorial Keynote Ruth Rubio-Marín, Women in Europe and in the world: The state of the Union 2016 Articles Joshua Braver, Hannah Arendt in Venezuela: The Supreme Court battles Hugo Chávez over the creation of the 1999 Constitution Robert Leckey, The harms of remedial discretion Symposium: All Emperors?
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The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia
—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers.
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Conference Report – “Democracy, Pacificism & Constitutional Change in Japan: Amending Art. 9?,” University of New South Wales
—Rosalind Dixon, University of New South Wales, and Juliano Zaiden Benvindo, University of Brasília On August 12, 2016, the Gilbert + Tobin Centre of Public Law at the University of New South Wales (UNSW) in Sydney, Australia, and the Australian Network for Japanese Law (ANJel) hosted the symposium “Democracy, Pacifism & Constitutional Change in Japan: Amending…
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Hellerstedt and Standing: A Comparative View
—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1] many legal analysts have missed an important aspect of…
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The Brazilian Constitutional Amendment Rate: A Culture of Change?
—Juliano Zaiden Benvindo, University of Brasília Tom Ginsburg and James Melton, in their fascinating article “Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty, raise a powerful argument against the well-worn claim that the number of amendments is directly related to the flexibility of constitutions.[1]
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A Faustian Deal? (I·CON 14, Issue 2: Editorial)
—J. H. H. Weiler, Co-Editor-in-Chief, I·CON; President, European University Institute After a relatively short-lived honeymoon, Ms Merkel is under attack within Germany, internationally and not least in Turkey itself for the deal struck with Mr Erdogan to stem the influx of refugees and asylum seekers to Europe.