Category: Developments
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The Secessionist Challenge In Spain: An Independent Catalonia?
Constitutional waters are turbulent in Spain, as a result of recent events in Catalonia. On September 11, large numbers of Catalans took to the streets in Barcelona to celebrate the annual Diada nacional. This time, however, they did so under a new banner: “Catalonia: the next European state”.
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The Context of Iceland‘s Constitutional Revision – Will it Doom the Draft?
– Ragnhildur Helgadóttir, Professor of Law, Reykjavík University The revision of the Icelandic constitution (see posts from Oct. 15 and 21) was an important part of the reaction to the financial crisis of 2008. Following the crash, a government had to leave office and a Parliamentary Investigative Commission handed in a black report on the…
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Leadership Transition in Africa: Perspectives from Ghana & Ethiopia
—Gedion T. Hessebon, SJD Candidate, Central European University, Budapest and Assistant Lecturer Addis Ababa University (on leave), African Network of Constitutional Lawyers —Laura-Stella Enonchong, University of Warwick, African Network of Constitutional Lawyers In much of Africa and other fragile democracies, succession to the helm of national leadership often creates a lot of uncertainty.
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Canadian Election Administration Goes to Court
—Michael Pal, SJD Candidate and Trudeau Scholar, Faculty of Law, University of Toronto Prior to yesterday’s eagerly anticipated decision in Opitz v. Wrzesnewskyj, 2012 SCC 55 [“Opitz”], the Supreme Court of Canada had not been called upon to resolve a disputed election since 1942, when the Court annulled the result of a federal district election.
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Will Democracy and Constitutionalism Mix in Myanmar?
—Dominic J Nardi, Jr, University of Michigan Department of Political Science Myanmar’s[1] constitution – adopted after a controversial referendum in May 2008 – created the country’s first constitutional court in half a century. Initially, few if any observers believed the Constitutional Tribunal would play a significant role.
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The Latest Decision on Malapportionment in Japan
–Tokujin MATSUDAIRA, Teikyo University On October 17, 2012, the Japanese Supreme Court released a judgment from the grand bench regarding the constitutionality of the 2010 election of Sangiin (House of Councillors). In that election, the ruling DPP failed to keep its majority in the upper house, launching a period of political chaos.
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Iceland referendum headed for victory
–Tom Ginsburg With two-thirds of the votes counted, it appears that Iceland’s citizen-drafted proposal for constitutional reform is headed for victory. Roughly half of eligible voters turned out for the referendum, which asked voters to consider six different questions covering key aspects of the proposed new Constitution.
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The Travails of an Enfeebled Parliament: The Swazi House of Assembly Reverses a Vote of No Confidence in the Cabinet
–Laura-Stella Enonchong, University of Warwick, African Network of Constitutional Lawyers On 03 October 2012, the House of Assembly of the Kingdom of Swaziland, which has often been regarded as an enfeebled institution, passed a historic vote of no confidence in the Cabinet.
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Thoughts on the German Constitutional Court Decision on the ESM
–Richard Stith, Valparaiso University The German Federal Constitutional Court’s decision of September 12, 2012, has been welcomed by some as signaling yet another political retreat, yet another ”Son of Solange II”. But what should bring joy to the heart of every American comparative law teacher is that, whether retreat or advance, every new “red line” drawn…
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Venezuela’s Exit from the Inter-American Court
—Alexandra Huneeus, University of Wisconsin Hugo Chavez’s election victory last Sunday bodes badly for the Organization of American States’ Human Rights System. On September 10, 2012, Venezuela denounced the American Convention of Human Rights so as to remove itself from the oversight of the Inter-American Court of Human Rights .