Author: Richard Albert
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective
—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.”
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Are Constitutional Statutes “Quasi-Entrenched”?
–Adam Perry (Aberdeen) and Farrah Ahmed (Melbourne) [cross-posted from UK Constitutional Law Blog] The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance.
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Call for Papers: 2013 Phanor J. Eder J.D. Prize in Comparative Law
The Younger Comparativists Committee of the American Society of Comparative Law is pleased to invite submissions for the Phanor J. Eder J.D. Prize in Comparative Law in connection with its third Annual Conference, to be held on April 4-5, 2014, at Lewis & Clark Law School in Portland, Oregon.
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Indian Supreme Court Rules on Bureaucratic Independence
–Nick Robinson, Fellow, Program on the Legal Profession, Harvard Law School [cross-posted from Law and Other Things] Last week saw the Supreme Court decide T.S.R. Subramanian vs. Union of India. The judgment, involving the independence of the bureaucracy, is arguably the latest in a fascinating line of jurisprudence from the Court over the last decade and…
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Senate Reform in Canada: What to Make of the Constitution?
—Leonid Sirota, JSD Candidate, NYU School of Law Over the course of three days last week, the Supreme Court of Canada heard submissions from the federal government, the ten provinces, two territories, two ami curiae, and several interveners on the constitutionality of the federal government’s proposals for reforming the unelected upper house of the Parliament…
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Turkey’s Constitutional Process
—Bertil Emrah Oder, Dean, Koç University Law School [cross-posted from the Hürriyet Daily News] After the refusal of the Justice and Development Party’s (AKP) proposal by the main opposition Republican People’s Party (CHP), the constitutional plan as to the 60 agreed articles seems to have been put aside from further political consideration.
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Resources for Readers: The Future of the Canadian Senate
Tomorrow, the Canadian Supreme Court will begin three days of hearings on the constitutionality of proposed changes to the Senate of Canada. This could be the most important case in Canadian constitutional law since the 1998 Secession Reference. The hearings will be broadcast live here starting tomorrow at 9:30am EST.
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Nuclear Controversy and the Right to Petition in Japan
—Tokujin Matsudaira, Kanagawa University Faculty of Law Last week, Taro Yamamoto, a member of Japanese House of Councillors in the Diet, set off a controversy when he personally handed a letter to the Japanese Emperor expressing concern about the Fukushima nuclear power plant.
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Myth and Misdirection in Constitutional Amendment
—Richard Albert, Boston College Law School Cross-posted from Cognoscenti. There is a constitutional amendment for every problem in the United States, or so politicians would have us believe. Is it your view that abortion is unraveling the moral fabric of America?