Author: dlandau
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The “Unconstitutional State of Affairs” in Brazil’s Prison System: The Enchantment of Legal Transplantation
[Editor’s Note: This is the second of two perspectives on an ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court.
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An Unconstitutional State of Affairs in the Brazilian Prison System
[Editor’s Note: I•CONnect will present two perspectives on an important ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Thiago Luís Sombra can be found here.]
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Why Impeachment? Brazilian Democracy Revisited
—Juliano Zaiden Benvindo, University of Brasilia, Brazil Impeachment has become a common word these days. Recently, examples of impeachment proceedings appeared in Madagascar,[1] Thailand,[2] Indonesia,[3] Myanmar,[4] Philippines,[5] and Paraguay.[6] In Latin America, the 1990s and 2000s were clearly marked by an “unprecedented wave of impeachments” proceedings,[7] including in Brazil (1992), Venezuela (1993), Colombia (1996), Paraguay…
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Article Review: David Bilchitz on Matthias Klatt’s “Positive Rights: Who Decides? Judicial Review in Balance”
[Editor’s Note: In this installment of I•CONnect’s Article Review Series, David Bilchitz reviews Matthias Klatt‘s article on Positive Rights: Who Decides? Judicial Review in Balance, which appears in the current issue of I•CON. The full article is available for free here.]
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Mapping Constitutional Success: A New Study on Process
—Lorianne Updike Toler, Libertas Constitutional Consulting Amidst the chaos of Libya’s civil war, the Constitution Drafting Assembly (CDA) remains the lone institution recognized as legitimate by both sides of the conflict. Headed by the stubbornly thoughtful—and stubbornly neutral—Waleed Al-Tahourni, the CDA’s eight committees are feverishly attempting to maintain what little legitimacy remains in the country…
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Towards a “New Schuman Declaration” (I·CON 13, Issue 2: Editorial)
Even at a time of crisis, one can neither forget nor overstate the fundamental contribution of the European construct to the destiny of our continent over the last six decades. In several respects the successes of Europe may have exceeded the boldest expectations of its visionary founders.
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I.CON’s Current Issue (Table of Contents)
I.CON Volume 13 Issue 2 Table of Contents Editorial I.CON Keynote Robert O. Keohane, Nominal democracy? Prospects for democratic global governance Articles Matthias Klatt, Positive rights? Who decides? Judicial review in balance Vanessa MacDonnell, The civil servant’s role in the implementation of constitutional rights Kristen Stilt, Contextualizing constitutional Islam: The Malayan experience Christopher McCrudden, Transnational…
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The Jokowi Presidency so Far: Increasing Disregard of Indonesian Constitutionalism?
—Stefanus Hendrianto, Santa Clara University School of Law It is still fresh in our memory that the election of President Joko Widodo in 2014 was hailed internationally. Here was a down to earth politician who seemed to do a credible job in his short term as governor of Jakarta.
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Venice is not Barcelona: A Less Aggressive Regional Question gets a More Nuanced Constitutional Answer
—Diletta Tega, University of Bologna (Italy) In 2014 it was not only the Catalan and Scottish governments which were involved in claims for independence: the Italian Region of Veneto was also involved. Yet the three cases are very different: in this post, I will try to describe the Veneto case and highlight its peculiarities.
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The Reframing of Local Government in the UK
—Michèle Finck, University of Oxford After the independence referendum that took place in Scotland in September 2014, the UK is reflecting on a new decentralisation arrangement. While Scotland voted against independence, these negotiations are nonetheless underway as David Cameron had promised Scots that, should they stay within the UK, they would receive more independence in administering…