Author: dlandau
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The Lord Cooke Project
–Joel Colon-Rios, Victoria University of Wellington, Faculty of Law The Right Honourable Lord Cooke of Thorndon (1926–2006) is widely regarded as one of the greatest New Zealand judges. He made a monumental contribution to many areas of law across more than five decades of writing, advocacy, and judging.
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Creating a Constitutional Process Design for Libya via Constitutional Amendment
—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration…
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In Memory – Professor Ronald Dworkin (11 December 1931-14 February 2013)
I was fortunate to study with giants who are no longer in the physical realm: Isaiah Berlin, Jerry Cohen, Wilfrid Knapp, Geoffrey Marshall and Jack Pole. I mourned their death when they passed away. I still mourn their death as they are very much alive in my memory and soul.
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill
–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter…
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Hong Kong’s Two Constitutional “Outsiders”
–Dr. P. Y. Lo, Visiting Fellow, Centre of Comparative and Public Law, Faculty of Law, The University of Hong Kong. Rosalind Dixon and Vicki Jackson’s upcoming article (available here and reviewed on this blog on 4 November 2012 here) on the phenomenon of “extraterritorial” actors interpreting a country’s constitution in the course of conducting international affairs…
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The Greek Austerity Measures: Remedies Under International Law
— George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) In a prior post, I argued that the Greek austerity measures violated various provisions of the Greek Constitution, as well as treaty commitments and other instruments embodied in international law.
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The Greek Austerity Measures: Violations of Socio-Economic Rights
—George Katrougalos, Professor of Public Law, Demokritus University, Greece (gkatr@otenet.gr) Recently, the European Committee of Social Rights (the supervisory body of the European Social Charter) delivered two decisions on collective complaints, condemning Greece for violation of articles 10 and 12 of the Charter because of its austerity legislation enacted in 2010.
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?
—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign.
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A Theory of Informal Constitutional Change in International Organizations
— Julian Arato, J.D., LL.M., NYU School of Law My thanks to Tom Ginsburg, Richard Albert, and David Landau for the opportunity to talk about my work on informal constitutional change in international organizations (IO’s) – a process sometimes called constitutional transformation, by contrast to formal constitutional amendment.
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Reviewing Ireland’s Abortion Regime
—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has…