Category: Analysis
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The “Rationality of Fear” on the Edge of Brazilian Democracy: Another Shield Against Authoritarianism?
—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development[1] In a period of about two months, a series of protests in South America brought the region again into the spotlight. Except for the Bolivian case,[2] whose causes were mostly related to the presidential election process, the protests in Chile, Ecuador,…
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Towards an Anti-Bully Theory of Judicial Review
—Yaniv Roznai, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya * In an environment of democratic erosion, courts are under political pressure. Populist projects of constitutional change modify the rules for appointment and jurisdiction of bodies like constitutional courts in an attempt to weaken their independence, pack them and even capture them.
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50-day Silence Period on Publication of Opinion Polls Before Election in Slovakia
—Simon Drugda, PhD Candidate at the University of Copenhagen The Slovak Parliament recently passed a legislative rider to extend the length of the silence period, which prohibits publication of opinion polls before an election. Slovak electoral rules had previously prohibited political campaigning and the publication of opinion polls 14 days before an election taking place.
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The Disenfranchisement of EU Citizens: A Constitutional Cacophony
–Antonios Kouroutakis, Assistant Professor, IE University There is a paradox with the EU citizenship. While EU nationals exercise their right of free movement and their right to reside freely in any Member state of the EU, they are politically disenfranchised and lose the right to vote in the national elections of their country of origin.
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The Post-Soviet Constitutional Rights Community
—William Partlett, Melbourne Law School [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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District Bar Association, Rawalpindi v. Federation of Pakistan: Marbury-Style Judicial Empowerment?
—Neil Modi, Visiting Researcher, Georgetown University Law Center The Pakistani Supreme Court’s decision in District Bar Association, Rawalpindi v. Federation of Pakistan (2015) serves as a good illustration of an attempt of judicial self-empowerment, akin to a Marbury v. Madison-style moment.[1]
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Navigating Constitution Building and Political Transitions in Sri Lanka
—Dian A H Shah, National University Singapore Faculty of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Special Undergraduate Series—Reservations Based on Economic Criteria: A Policy Assessment: Will the Government Succeed in Bringing an End to Poverty with Reservation?
Special Series: Perspectives from Undergraduate Law StudentsLL.B. Student Contribution –Manisha Bhau, B.A., LL.B Student (Hons.), National Law University, Delhi Despite reports that the numbers have nearly halved, India is still home to about 364 million people leading lives without access to basic healthcare, nutrition and sanitation.
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“Suraméxit” and Latin American Disintegration
—Juan C. Herrera, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg What’s going on in Latin America? The socio-political demands throughout the year and especially of recent weeks provide an excellent opportunity to reflect on what could become a South American Spring.
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Late Soviet Constitutional Supervision: A Model for Central Asian Constitutional Review?
—William Partlett, Melbourne Law School [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.