Category: Analysis
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Constitutionalism and Multi-Level Governance: Ran Hirschl on Megacities in Constitutional Democracies
—Estefânia Maria de Queiroz Barboza, Federal University of Paraná, and Lucas Henrique Muniz da Conceição, Birkbeck College, University of London On October 30, the Brazilian Chapter of the ICON-S promoted an international conference on the theme of Megacities and Constitutional Law.
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The Paradoxical Nature of the “Ways of Moderation” in Brazilian Democracy
—Juliano Zaiden Benvindo, University of Brasília A controversial statement in Brazil these days, when President Jair Bolsonaro seems to have slowed down his blatantly authoritarian utterances, is that “institutions are functioning.” Carlos Pereira, a Brazilian leading political scientist, for example, has long argued that Brazil’s institutions are solid,[1] and, in a recent column for Estado…
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Administrative Vulnerability and Digital Technology: A Novel Concept for Inclusive Administrative Law
—Sofia Ranchordas, University of Groningen [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] Over the past year, I had the pleasure to write a number of columns for ICONnect on digital exclusion and digital citizenship: how digital technology is reshaping public…
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Old Wine in a New Bottle? A Response to Bruce Ackerman on Presidentialism in Brazil
—Luiz Guilherme Arcaro Conci, Pontifical Catholic University of São Paulo; João Vitor Cardoso, University of Chile; Estefânia Maria de Queiroz Barboza, Federal University of Paraná; Glauco Salomão Leite Correio, Federal University of Paraíba; and João Paulo Allain Teixeira, Federal University of Pernambuco In his analysis on the backsliding of Brazilian democracy, Professor Bruce Ackerman not only…
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Election Anxiety: The Other Global Pandemic
—Andrea Scoseria Katz, Washington University in St. Louis, School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On Monday, three days before Thursday’s televised encounter between U.S.
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Losing the Battle to Win the War: Judicial Self-Empowerment Through Maxi-Minimalism
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] On September 26, 2020, President Donald Trump announced Judge Amy Coney Barrett as his nominee to the United States Supreme Court to fill the seat occupied by…
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The Centennial of the Austrian Federal Constitution
—Prof. Dr. Anna Gamper, Universität Innsbruck Amidst the Corona crisis, constitutional jubilees may be expected to pass rather undetected. A centennial, however–which the Austrian Federal Constitution celebrates today–is a noteworthy event even in troubled times. It demonstrates the endurance of a constitution that did not only survive authoritarian and totalitarian regimes, but has so far…
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Bureaucracy and Vulnerability in the (Digital) Administrative State
—Sofia Ranchordas, University of Groningen [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] President Ronald Reagan famously said, “The nine scariest words in English are: “I’m from the Government and I’m here to help.”
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The Other Side of the Party Fragmentation Paradox in Brazil: A Re-Election Booster?
—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development In my previous post “The Party Fragmentation Paradox in Brazil: A Shield Against Authoritarianism”, I argued that, paradoxically, party fragmentation may “serve as a shield against radical and authoritarian intents by the executive power.”
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Beyond Sisyphus and Hercules: Crafting Constitutionalism in Fragile Democracies in Asia
—Yvonne Tew, Georgetown University Law Center[1] [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It is an epic tale of one of the world’s largest financial frauds.[2]