Category: Analysis
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The Indian Constitution through the Lens of Power – IV: Guarantor Institutions
—Gautam Bhatia, Advocate, New Delhi, and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] The previous three posts in this series have examined the Indian Constitution as a terrain of contestation around three axes of power: federalism, legislative/executive relations, and pluralism.
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Transnational Constitutional Dialogues: Searching for New Songs of Freedom
—João Vitor Cardoso, Universidad de Chile [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In The Black Jacobins, James (1989, 317) recounts an absolutely dramatic scene as part of a confrontation between the French Army and the people of Haiti: “The [French] soldiers still thought of…
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The Indian Constitution through the Lens of Power – III: Asymmetric Federalism
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In my previous two columns, I examined the Indian Constitution as a terrain of contestation across two axes of power: the centre-state [“federal”] axis, and the legislature-executive [“parliamentary”] axis.
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The Indian Constitution through the Lens of Power – II: The Legislature and the Executive
—Gautam Bhatia, Advocate, New Delhi and independent legal scholar [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In the opening post of this series, I proposed an approach to the Indian Constitution that views it as a terrain of contestation between different – and opposed –…
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Constituent Power as a Circuit of Affections
—João Vitor Cardoso, Universidad de Chile [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] This column offers a discussion about moving beyond theoretical abstractions and exploring the tangible manifestations of constituent power in real-world contexts.
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The Representation of Women in National High Courts: A “Quota Revolution” in the Making?
—Teresa Violante, Friedrich-Alexander Universität Erlangen-Nürnberg Women’s meaningful representation in the judiciary has gained visibility in national and international fora. Still, women remain under-represented in the top echelons of the judiciary. Although international courts have traditionally been the focus of attention for initiatives to counter the low percentage of women occupying judicial posts, more recently national…
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The Institutional Design of Brazilian Electoral Justice
–Antonio Moreira Maués, Federal University of Para During the 2022 elections, another actor stood out in Brazil in addition to the candidates and political parties: the Superior Electoral Court. Part of this prominence was due to the behavior of the President of the Republic and candidate for reelection, Jair Bolsonaro.
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Book Review: Rainer Grote, Mariela Morales Antoniazzi, and Davide Paris “Research Handbook on Compliance in International Human Rights Law” (Cheltenham, Edward Elgar 2021).
—Irene Spigno, Academia Interamericana de Derechos Humanos How to make States compliant with their legal obligations with reference to international human rights law (henceforth IHRL)? The volume edited by Rainer Grote, Mariela Morales Antoniazzi, and Davide Paris tries to give an answer to this crucial question, with important practical implications regarding the effectiveness of human…
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Abortion and Selective Conscientious Objection
—Teresa Violante, Friedrich-Alexander Universität Erlangen-Nürnberg [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] Universal conscientious objection in the health sector challenges the provision of legally guaranteed services, thus possibly jeopardizing the right to health of affected persons.
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The Major Questions Doctrine and the Principle of Legal Reserve: A Comparison between the U.S. and Spain
–José Ignacio Hernández G., Invited professor, Castilla-La Mancha University (Spain); Researcher, Coruña University (Spain)[1] In memory of Eduardo García de Enterría, on the centennial of his birth The modern Administrative State in the United States has sparked a debate about its constitutionality, particularly in terms of adhering to the original meaning of the Constitution.