Category: Analysis
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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.
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A Call to Constituent-Power Ethnography
—João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] That ethnography is no longer the exclusive province of anthropology is undisputed. Within a wide range of disciplines that had taken ethnographic turns, there figures what Kim Lane Scheppele defines as “constitutional…
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Babies, Tires, and Armed Gods Woven Together: The Missing Link in Post-mortem Analysis
—João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] “Democratic decay” has become a hot topic. Leading scholars in the field engaged critically with the nature of the threats facing constitutional democracies today, including climate change, religious fundamentalism, globalization, and populism.
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The Indian Constitution through the Lens of Power – I: The Union and the States
—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 his book, Latin American Constitutionalism, Roberto Gargarella calls upon scholars of constitutional law to focus upon the “engine room” of the Constitution: i.e.,
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Self-healing Constitutions
—Bryan Dennis G. Tiojanco, Project Associate Professor, University of Tokyo, Graduate Schools for Law and Politics. Twitter: @botiojanco [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] Last month MIT News reported that we have finally opened a window to why ancient Roman concrete structures can last…
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Latin American Constitutional Law and Green Constitutionalism: A Path Forward
–José Ignacio Hernández G., Law Professior, Catholic University and Central University (Venezuela); Invited Professor, Pontifical University (Dominican Republic), and La Coruña and Castilla-La Mancha Universities (Spain); Fellow, Growth Lab-Harvard Kennedy School Introduction As Ricardo Hausmann explains, to achieve energy transition goals, it is necessary to electrify the economy or, in other words, decarbonize the economy.
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The Taliban and Islamic Constitutionalism in Afghanistan: Reviving an Old Episode?
—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] Within the thriving body of the literature on constitutionalism, “Islamic constitutionalism” continues to be understudied and undertheorized.
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Comparative Common Good Constitutionalism: A Latin American Perspective
—José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University Adrian Vermeule has recently proposed a new legal theory to interpret the U.S.
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Towards a New Relationship Between Courts and the Public?
—Maartje De Visser, Singapore Management University, Yong Pung How School of Law [Editor’s Note: This is one of our biweekly ICONnect columns. For more information on our 2022 columnists, see here.] To mark its 70th anniversary, the German Bundesverfassungsgericht released several new informational videos that showcase its justices explaining the court’s internal functioning and some…
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Facing climate change in the Brazilian Supreme Court: The right to a healthy environment as a human right
—Luís Roberto Barroso, Justice at the Brazilian Supreme Court; Professor of Law at the Rio de Janeiro State University – UERJ and University Center of Brasília – CEUB; L.L.M., Yale Law School. S.J.D., Rio de Janeiro State University – UERJ; Post-doctoral studies as Visiting Scholar at Harvard Law School; Senior Fellow at Harvard Kennedy School…