Author: dlandau
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A Way Out of Hyper-Reformism? A Project of Constitutional Reorganization and Consolidation in Mexico
—Andrea Pozas-Loyo, IIJ-UNAM Mexico has one of the world’s oldest and most amended constitutions: its 99-year old constitution has been amended 642 times. De jure, Mexico’s constitution is pretty rigid: amendments require three-quarters of the present members of congress and approval of the majority of the states’ legislatures.
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Interpreting Unamendable Clauses: Brazil’s New Precedent on the Presumption of Innocence
—Juliano Zaiden Benvindo, University of Brasilia On February 17, the Brazilian Supreme Court, after having overturned its precedent on presumption of innocence,[1] spurred a heated debate over the limits of interpretation of petrified or unamendable clauses of the Brazilian constitution. In an unexpected decision on a writ of habeas corpus,[2] the majority[3] held that the…
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The Implementation Initiative (“Durchsetzungsinitiative”): Deepening the Divide Between Citizens and Non-Citizens in Switzerland
—Rekha Oleschak, Institute of Federalism, University of Fribourg[1] On 28 February 2016, Swiss citizens will go to polls again, this time to exercise their direct democratic rights on a wide range of issues, including taxation, prohibition of speculation on commodities, whether or not to have a second tunnel to the Gotthard and finally, on the…
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I·CON: Honor Roll of Reviewers 2015
We are indebted to the following colleagues who, in addition to our Editorial and Scientific Advisory Board members, gave their time this year to act as peer reviewers for I.CON. Without their valuable contribution we would not be able to maintain the excellent scholarly standards of our Journal.
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Taking “The Dark Side” Seriously: Constitutionalism and the Question of Constitutional Progress Or: Why it is Fitting to Have the 2016 ICON-S Conference in Berlin (I·CON 13, Issue 4: Editorial)
—Mattias Kumm, NYU School of Law I. It is an obvious point that the global history of constitutionalism cannot plausibly be told as a simple progress narrative. The French and American Revolutions did not trigger an ineluctable steady march of progress.
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I·CON’s Current Issue (Table of Contents)
I·CON Volume 13 Issue 4 Table of Contents Editorial Honor Roll of Reviewers 2015 I.CON Keynote Ruth Rubio-Marín, The (dis)establishment of gender: Care and gender roles in the family as a constitutional matter Articles Rosalind Dixon, Constitutional drafting and distrust John McGarry and Neophytos Loizides, Power-sharing in a re-united Cyprus: Centripetal coalitions vs proportional…
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President Macri and Judicial Independence on the Argentine Supreme Court
—Andrés del Río, Federal Fluminense University (UFF), Brazil During the presidential election campaign of 2015, Mauricio Macri, leader of the then-opposition Republican Proposal Party (PRO), included in his platform his commitment to “strengthen the rule of law, strictly respecting the division of powers, the independence of justice and the constitutional principles and guarantees, together with…
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The Indian Supreme Court Declines to Revisit its Docket Crisis: The Most Important Recent Order That You’ve Never Heard of
–Rishad A. Chowdhury, J.S.D Candidate, The University of Chicago Law School The Supreme Court of India’s (SCI’s) recent decision striking down the National Judicial Appointments Commission (NJAC) deservedly drew attention from those interested in Indian (and comparative) constitutional law. But in terms of true (potential) impact on the fundamental character of the SCI, even the…
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Institutions Matter: The Brazilian Supreme Court’s Decision on Impeachment
—Juliano Zaiden Benvindo, University of Brasilia Judicial review of the legislative process is certainly one of the most sensitive areas of the relationship between the Judiciary and Parliament. In comparative law, there is no clear trend. In the United States, the enrolled bill doctrine, which claims that courts are required to accept that “a bill…
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The Strange Case of Dr. Jokowi and Mr. Hyde: Religious Freedom at the Crossroads in Indonesia
–Stefanus Hendrianto, University of Notre Dame Since the 2014 election in Indonesia, many have highlighted the rise of President Joko Widodo, commonly known as Jokowi, who came from a humble beginning to beat an establishment figure in Indonesia.[1] One of the highlights of Jokowi’s meteoric rise is his record among religious minorities.