Category: Developments
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The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The Spanish Constitutional Court, in judgment 198/2012 of November 28, 2012, upheld Law 13/2005, which guarantees same-sex marriage in Spain. Prior to the democratic transition that followed the death of Franco and the end of his dictatorship, Spain was characterized by a very religious and conservative…
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Egypt’s new constitutional declaration: Back to square one?
–Zaid Al-Ali, International IDEA(cross-posted from www.foreignpolicy.com) On July 8, Adli Mansour, Egypt’s new interim president who until recently was a member of the country’s Supreme Constitutional Court, issued yet another “constitutional declaration.” This comes after a year of failed leadership by former President Mohamed Morsi, the historic June 30 demonstrations, the intervention by the military,…
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Ireland Considers Move to Unicameral Parliament
—Dr. Oran Doyle, Fellow, Trinity College, Dublin The Irish Government has proposed the abolition of the upper house of Parliament, the Seanad. The Thirty-Second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 contains over 40 discrete amendments to the Constitution designed to abolish the Seanad, reconstitute the Oireachtas as a unicameral parliament, revise…
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Egypt: Democratic Coup?
The ongoing situation in Egypt calls to mind Ozan Varol’s article in the Harvard International Law Journal on The Democratic Coup d’Etat, itself motivated in part by the 2011 coup against Mubarak. Varol’s argument in a nutshell is that, simply, that there are coups and then there are coups.
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Culture War in the Court: Reproductive Health Battle in the Philippines
—Anna Su, Baldy Postdoctoral Fellow, SUNY Buffalo Law School On July 9, 2013, the Philippine Supreme Court will hear oral arguments on a constitutional challenge lodged against the recently-enacted and widely-controversial Responsible Parenthood and Reproductive Health Act of 2012 (“RH Law”).
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Striking Down Austerity Measures: Crisis Jurisprudence in Europe
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights.
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Canada’s Longest-Tenured Chief Justice
Last week, Beverley McLachlin gave a rare interview to mark an historic occasion: she became Canada’s longest-serving Chief Justice. The country’s 17th Chief Justice, the Rt. Hon. Beverley McLachlin began her tenure in January 2000, when then-Prime Minister Jean Chretien elevated her from the rank of Associate Justice (known in Canada as a “Puisne” Justice).
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The Politics of Tunisia’s Final Draft Constitution
–Duncan Pickard, Democracy Reporting International and Rafik Hariri Center for the Middle East at the Atlantic Council [cross-posted from MENASource, a project of the Rafik Hariri Center] Tunisia’s constitution-drafting process has reached another milestone: the committee coordinating the drafting of the country’s post-authoritarian constitution presented its third and final draft to the National Constituent Assembly on April…
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The Judicialization of Pure Politics in Brazil
–Vanice Regina Lírio do Valle, Estácio de Sá University Law School The Brazilian Constitutional Court gained visibility worldwide due to its recent ruling in the “mensalão” case – a trial involving a Congressional vote-buying scheme which ended in the conviction of many politicians associated with former President Lula, and also numerous congressmen still in the…
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Libyan Congress Blunders Constitutional Moment
—Lorianne Updike Toler, Esq., Lorianne Updike Toler Consulting & The University of Pennsylvania Law School The April 10 vote by the General National Congress of Libya amending their interim Constitutional Declaration was incredibly short-sighted. Instead of fixing the largest problem with the Declaration, the GNC dealt with the issue for which they were receiving the…