Category: Analysis
-
Developments in Czech Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the sixth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak Republic, Romania, Belgium and Sweden.
-
Developments in Swedish Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the fifth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak Republic, Romania and Belgium.
-
The Roles of Supreme Courts and Constitutional Courts in Contemporary Democracies
[Editor’s Note: In this special post, Brazilian Supreme Court Justice Luís Roberto Barroso shares his notes from an address given to students at the Yale Law School on September 22, 2016. We are grateful to Justice Barroso for this contribution to I-CONnect.
-
The New Selection Process for the Supreme Court of Canada: A Global Constitutionalism Perspective
—Maxime St-Hilaire, Assistant Professor, Faculty of Law, University of Sherbrooke Earlier this week on Monday, October 17th, Prime Minister (PM) Justin Trudeau announced the elevation of Justice Malcolm Rowe from the Supreme Court of Newfoundland and Labrador (Court of Appeal) to the Supreme Court of Canada (SCC).
-
A Constitutional Reform Project for New Zealand
—Leonid Sirota, AUT Law School Sir Geoffrey Palmer and Andrew Butler, now both barristers with an academic past, the former also once an Attorney-General, Justice Minister, and briefly Prime Minister, have published a book arguing that New Zealand needs for a codified, entrenched constitution for New Zealand ― something the country famously lacks at present.
-
Developments in Belgian Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the fourth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak Republic and Romania.
-
Time to View Democratic Decay as a Unified Research Field?
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law Each passing month brings more warnings of global democratic decay, which we might loosely define as the incremental degradation of the structures and substance of liberal democracy, as distinct from a clear and rapid breakdown of democratic rule.
-
Hellerstedt and Standing: A Comparative View
—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1] many legal analysts have missed an important aspect of…
-
Of Constitutional Defiance, Migration and Borrowing of Unconstitutional Tactics and European Resistance
—Tomasz Tadeusz Koncewicz, University of Gdansk Constitutional Defiance The tempo of the attack against democracy in Poland is relentless. On 22 July 2016 the Polish Parliament passed the Law on the Polish Constitutional Court and confirmed that the parliamentary majority lead by Law and Justice party (PiS) is not holding back.
-
The Brazilian Constitutional Amendment Rate: A Culture of Change?
—Juliano Zaiden Benvindo, University of Brasília Tom Ginsburg and James Melton, in their fascinating article “Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty, raise a powerful argument against the well-worn claim that the number of amendments is directly related to the flexibility of constitutions.[1]