Category: Analysis
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We Like It So? The Continuing Saga Of Caribbean Savings Law Clauses
—Ria Mohammed-Davidson, Attorney-at-Law at Chambers of Mr. Rolston F. Nelson, SC, Trinidad and Tobago In the Anglophone Caribbean, no issue has dominated the landscape of constitutional jurisprudence more than the savings law clause. These clauses immunise existing laws and punishments by saving them from being declared inconsistent with the rights and freedoms contained in the…
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The Rule of Law in Bosnia and Herzegovina
—Benjamin Nurkić, Ph.D. student, Faculty of Law, University of Tuzla The problem of implementing the rule of law in Bosnia and Herzegovina (BiH) remains the main problem after the signing of the Dayton Peace Agreement (DPA). However, the DPA created the conditions for ethnic discrimination, as it was determined by the rulings of the European…
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Video Book Interview: “Constitutional Erosion in Brazil” (Hart 2021)
—Richard Albert, Professor of World Constitutions and Director of Constitutional Studies, The University of Texas at Austin The first book in the new Hart Series on “Constitutionalism in Latin America and the Caribbean” is titled “Constitutional Erosion in Brazil,” authored by Emilio Peluso Neder Meyer, professor of constitutional law at the Federal University of Minas…
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Towards a More Inclusive Constitutional Discourse: Overcoming Linguistic Barriers
—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.] The rise of English as the lingua franca is a well-known phenomenon that has affected many areas of our lives.
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Afghanistan’s Unwritten Constitution under the Taliban
—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago Law School [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] After taking control of Afghanistan last summer, the Taliban wasted no time in tearing down the legal and political order that had developed under the country’s 2004…
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Informal Co-Optation Semi-Presidentialism: Bolsonaro´s Most Successful Autocratizing Strategy
—Juliano Zaiden Benvindo, Associate Professor at the University of Brasília and CAPES-Humboldt Senior Fellow at the Max-Planck Institute for Comparative Public Law and International Law A significant transformation is taking place in Brazil’s system of government. The country has a long history of discussion of whether its political system should maintain its presidential form or…
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Comparative Constitutional Law Theory Today Depends Upon Back-Translators
—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.] ‘How to Save a Constitutional Democracy’, the title of Tom Ginsburg and Aziz Huq’s 2018 book, perfectly captures the gist…
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“Look Who’s Talking!” The Strange Story of Disownment in Taiwan’s New Experiment on Constitutional Review
—Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick Introduction: Opinions of the Court Disowned Taiwan’s Constitutional Review 3.0 has seen its first 100 days since the Constitutional Court Procedure Act (CCPA) came into effect on January 4, 2022.
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You want it darker? The Brazilian Supreme Court Kills the Flame: The Temporary Suspension of Telegram Services in Brazil
—Lucas Henrique Muniz da Conceição, Ph.D. Student at Bocconi University On March 18, Justice Alexandre de Moraes decided to suspend Telegram until the platform complied with the previous five decisions issued by the Supreme Court. The decision follows the partial results of the current judicial criminal inquiry no.
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Book Review: Tom Flynn on “The Mimetic Evolution of the Court of Justice of the EU” (Leonardo Pierdominici)
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Tom Flynn reviews Leonardo Pierdominici’s book on The Mimetic Evolution of the Court of Justice of the EU (Palgrave Macmillan, 2020).] —Tom Flynn, University of Essex This fascinating book analyses the development of the CJEU from its earliest days to the present through the lens of…