Category: Developments
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Creating a Constitutional Process Design for Libya via Constitutional Amendment
—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration…
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Get ready for new battles over Japan’s Constitution
–Lawrence Repeta, Meiji University Faculty of Law Prime Minister Shinzo Abe is focused on the economy — check out the collapse of the yen and the boom in the stock market since he took center stage. In his policy speech to open the new Diet session on January 28, Abe talked about the economy and…
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Just Deserts or Honor at Stake? India’s Pending Judicial Standards and Accountability Bill
–Nilesh Sinha In recent history, India’s constitutional adjudication has been amongst the most active in the world. Following its shameful capitulation before Indira Gandhi during the Indian emergency, the Supreme Court of India developed the tool of Public Interest Litigation (whereby a court can deliver prompt social justice, at times by taking up a matter…
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?
—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign.
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Fiji’s Continuing Constitutional Crisis
—Richard Albert, Boston College Law School In the latest twist in Fiji’s continuing constitutional crisis, the Fijian military government has rejected the new draft constitution proposed by the Constitution Commission. It is believed that the military rejected the draft constitution because the draft proposed dramatically to curb the powers of the military.
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Clapper v. Amnesty International: Still Trying for a Day in Court
—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs. Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing…
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Japan Developments: An Era Ends, and New One Around the Corner?
Yesterday, the New York Times reported the death of Beate Sirota Gordon, likely the last link to the drafting of the Constitution of Japan in 1946. Sirota had been raised in Japan, and was a civilian employee of the U.S. occupation forces when she was thrust into the drafting process in February of 1946.
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Romanian Elections: An “Original” Democracy?
–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law The long-awaited process in which Romanians were called to elect their representatives in the country’s Parliament came to an end last month. The Central Electoral Office announced the final results.
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An Occasion to Rethink American Presidential Succession
United States Senator Daniel Inouye passed away last week on December 17. Senator Inouye was the senior member of Hawaii’s congressional delegation, a World War II hero, the first Japanese-American to hold office in Congress, and one of the longest-serving senators in American history.
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The Brazilian Supreme Court: Between Activism and Judicial Responsibility
–Claudia Maria Barbosa, Pontifical Catholic University of Paraná, Brazil On December 17, 2012 the Brazilian Federal Supreme Court, (Supremo Tribunal Federal, STF), concluded the hearings of Criminal Case no. 470/2007, known as Mensalão (“Big Monthly”) – a criminal scheme to buy political support in Congress involving 37 accused, among them ministers from former President Lula’s…