Author: dlandau
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?
—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan.
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A Brewing Supreme Court Nomination Crisis in Brazil?
–Vanice Regina Lírio do Valle, Estácio de Sá University This past February 26th, the Brazilian Supreme Court was unable to rule in a relevant lawsuit: the votes were tied, which made the absence of the eleventh Justice an insuperable obstacle to come to a decision.
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Brazilian Constitutionalism Moving Backwards? Same-Sex Marriage and the New Conservative Congress
—Juliano Zaiden Benvindo, University of Brasilia, Brazil The debate over same-sex marriage is once again in the newspaper headlines. After the US Supreme Court accepted, on February 16, to hear the cases brought by fifteen same-sex couples from four states (Michigan, Ohio, Kentucky, and Tennessee), chances are that, finally, a federal judicial ruling in this…
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A Spectre Resurfaces: Chinese National Security Legislation and Hong Kong
—Alvin Y.H. Cheung, Visiting Scholar, U.S.-Asia Law Institute, NYU School of Law National security legislation has been a “third rail” of Hong Kong politics since 500,000 people marched in protest against the National Security (Legislative Provisions) Bill on July 1, 2003 – ultimately forcing then-Chief Executive Tung Chee-hwa to resign.
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The Indonesian Constitutional Court in Crisis over the Chief Justice’s Term Limit
—Stefanus Hendrianto, Santa Clara University On January 12, 2015, the Indonesian Constitutional Court Justices unanimously elected Arief Hidayat, a lesser-known academic from Diponegoro University, as the new Chief Justice. After his inauguration, Hidayat stated that “the process [of election] was very smooth.”
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On my way out – Advice to young scholars I: Presenting a paper in an international (and national) conference (I·CON 12, Issue 4: Editorial)
—Michel Rosenfeld, Benjamin N. Cardozo School of Law This will be the last issue in which Michel Rosenfeld serves as a Founding Co-Editor-in-Chief of I.CON. He has asked to step down after 14 years of distinguished and selfless service to I.CON.
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I.CON’s current issue (Table of Contents)
I.CON Volume 12 Issue 4 Table of Contents Editorial I.CON Keynote Brigid Laffan, The state of our unsettled Union I.CON: Debate! Luc B. Tremblay, An egalitarian defense of proportionality-based balancing Matthias Klatt, An egalitarian defense of proportionality-based balancing: A reply to Luc B.
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Belgian Constitutional Court Upholds the “Essential Elements” of Power Sharing Deal
—Stefan Graziadei, University of Antwerp The former Belgian Prime Minister Jean Luc Dehaene found Belgium to be a schizophrenic country.[i] He argued that while for Dutch speakers (known as ‘Flemings’) the Belgian polity and its constitutional law are underpinned by the territoriality principle, for French speakers the personality principle was dominant.
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A “Stunning” Decision of the Polish Constitutional Tribunal: The Ritual Slaughter Case
–Anna Śledzińska-Simon, University of Wroclaw[*] When a judge is to decide on the conformity of a ritual slaughter ban with a constitution she cannot help but realize that it is material for a landmark decision. Yet, in Poland the full panel of the Constitutional Tribunal missed this chance and rendered a judgment that is wrong…
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Editor’s Choice: Lech Garlicki
—Lech Garlicki, University of Warsaw [ICON Editors’ Choices for New Year Readings and Gifts: ICON’s Book Review Editor, Isabel Feichtner, invited our Board members to reflect on the books that have had a significant impact on them over the past year.