Category: Analysis
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“Quasi Constitutional” Status as *Not* Implying a Form Requirement
—Maxime St-Hilaire, Faculté de droit, Université de Sherbrooke In his post on this blog, Adam Perry writes that the British cases on what are known in the UK as constitutional statutes (and in Canada as quasi–constitutional statutes) “have been very controversial in constitutional circles”, whereas, by contrast, “the Canadian cases caused barely a ripple.”
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The Constitutional Court of Bosnia and Herzegovina and “the Others”
–Maja Sahadžić, PhD Researcher, Government and Law Research Group, Faculty of Law, University of Antwerp Although the Constitutional Court, ideally and ad normam, is perceived as a body which prevents discrimination, in the constitutional reality of Bosnia and Herzegovina it nevertheless reflects certain discriminatory features.
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When is a Limp More than a Limp? Diagnosing Democratic Decay
—Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law Sometimes a limp is just a limp–arising from a debilitating yet isolated injury or infection that will soon heal. However, sometimes a limp can be indicative of a degenerative disease such as multiple sclerosis.
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Constitutional Amendments in an Age of Populism (I-CONnect Column)
—Aslı Bâli, UCLA School 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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Legal Uncertainty Surrounding the Approval of the Brexit Agreement
—Antonios Kouroutakis, Assistant Professor, IE University The referendum of June 23rd 2016 and the majority vote in favour of Brexit led British constitutional law into uncharted territories as Paul Craig has accurately said.[1] The constitutional order of the United Kingdom is being overwhelmed by a paradox.
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Brazilian Democratic Decay and the Fear of the People
—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília A recurring trend in comparative constitutional law is the emerging populism, which, in its various forms, extends to places and contexts as diverse as the United States, Poland, Turkey, Hungary, the Philippines, Latin America and so forth.
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Ecuador After Rafael Correa: A Re-Engagement with Liberal Constitutionalism? (I-CONnect Column)
—Javier Couso, Universidad Diego Portales [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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A Secular Theocratic Constitutional Court? (I-CONnect Column)
—Menaka Guruswamy, Fellow, Wissenschaftskolleg zu Berlin and Advocate, Supreme Court of India [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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Responsibility and Judgment in a Muted 3-D Dialogue: A Primer on the Same-Sex Marriage Case in Taiwan
—Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick The Taiwan Constitutional Court (TCC) made its long-awaited decision on same-sex marriage on May 24, 2017 (the Same-Sex Marriage Case). In this landmark ruling (JY Interpretation No 748), the TCC declares that the exiting provisions on marriage in the Civil…
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Be Careful What You Wish For – A Short Comment on “Mandatory Voting as a Tool to Combat the New Populism”
–Ursus Eijkelenberg, International Institute for the Sociology of Law In a recent piece on ICONnect, the question was raised whether mandatory voting could be a potential “silver bullet” to dethrone autocratic populists. According to the authors, “new populist forces would face electoral defeat if the large number of generally disillusioned but politically fatigued and inactive voters…