Category: Developments
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Canada Upholds Anti-Terrorism Law
—Richard Albert, Boston College Law School Today, the Supreme Court of Canada issued its long-awaited ruling on the Anti-Terrorism Act passed by Parliament in the aftermath of the terrorist attacks on the United States on September 11, 2001. Writing for a unanimous panel in two interrelated cases, Chief Justice Beverley McLachlin upheld the controversial anti-terrorism…
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In Memoriam: Chief Justice Arthur Chaskalson
—Brian Ray, Cleveland-Marshall College of Law, Cleveland State University Arthur Chaskalson, the first President and Chief Justice of the South African Constitutional Court died on December 1, 2012. Many have highlighted the remarkable and courageous role he played in the anti-apartheid movement, including his defense of Nelson Mandela and others during the infamous Rivonia trials.
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Constitution-Making in Turkey: Towards a Presidential System?
—Ozan Varol, Assistant Professor, Lewis & Clark Law School Although recent academic and popular commentary on constitution-making has largely focused on the constitutional transitions in progress across the Arab World, I wanted to take this opportunity to update the I•CON community on the constitution-drafting process currently underway in Turkey.
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Awful Process, Terrible Ending and (Most likely) Disastrous Results
—Andrew Arato, Dorothy Hart Hirshon Professor of Political and Social Theory, The New School No serious interpreter has claimed that the Egyptian constitution-making process has been satisfactory or even adequate. Even in the context of revolutionary populist constitution making to which this case belongs, the Egyptian version is distinguished by its inconsistencies and idiosyncrasies.
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Nuclear protest and the right of assembly in Japan
As disturbing new reports come in [see here, here and here] finding abnormally high levels of thyroid growths in children of Japan’s Fukushima prefecture, there is renewed attention being drawn to the Democratic Party of Japan government’s controversial decision to re-open some nuclear plants this past summer.
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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.