Category: hp
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An Unconstitutional Constitutional Amendment?
There has been much debate recently over a federal district court ruling that struck down part of Arizona’s controversial immigration law. The ruling essentially said that the Arizona law was preempted because this is an area of federal authority. The Court did not focus on the argument that the law invited racial profiling and other…
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A Culture of Impunity in Niger?
Last week, the interim government of Niger announced a proposed amnesty for the country’s ruling junta in its new draft constitution. State radio channels hailed the action as the best possible outcome for the majority of “social and political forces.” Although the text itself is still being finalized by the constitutional consultative council, the gist…
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A constitutional right to food for India?
The New York Times reports that India’s Congress Party is mulling a constitutional amendment that would guarantee a right to food. Some quick background info, not in the Times piece, to suggest that it might not be much of a surprise (or, as a practical matter, a big deal) if this were to happen: (1)…
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Constitutional Court of Bosnia and Herzegovina dismisses one of its judges
For better or worse, the Constitutional Court of Bosnia and Herzegovina has for a long time been recognized as one of the most important actors in the integration of post-conflict Bosnian society. The role of the Court in such complicated legal and political circumstances is complex, particularly when its decisions can, and certainly do, have…
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A Canadian at Guantanamo Bay
Yesterday, the United States Supreme Court denied the request of Omar Khadr to block his military commission trial at Guantanamo Bay. Khadr is a 23 year-old Canadian citizen whose prosecution arises from acts he is alleged to have committed as a 15 year-old in Afghanistan.
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Proportionality and Justice Breyer’s New Book
The August 19, 2010 issue of the New York Review of Books contains an excerpt from U.S. Supreme Court Justice Stephen Breyer’s forthcoming book, Making Our Democracy Work: A Judge’s View. The excerpt discusses his view of constitutional interpretation in relation to the Supreme Court’s famous case endorsing an individual rights approach to the Second…
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Kenya says yes
With over half of ballots counted, it looks like Kenya’s constitution will indeed be approved by the public. Consistent with pre-referendum polls, the yes position seems to have well over 60% of public support. Remarkably, and surprisingly to many observers, the campaign before the referendum was carried out in a generally peaceful manner.
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California’s gay marriage ban struck down as unconstitutional
American readers are likely to have heard this already, but this is sufficiently big to be of interest to readers elsewhere. Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California, originally appointed by George Bush Sr.,
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Looking like “yes” in Kenya
Kenyan citizens go to the polls tomorrow for an up and down vote on the new constitution. According to reports in the Daily Nation, voters are expected in record numbers. Despite early warnings from the government that funds were in short supply to support the election, ballots appear to be in place, a national holiday…
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The unstable presidentialization of Japan’s parliamentary system
Scholars sometimes speak of the presidentialization of parliamentary systems. Japan’s political constitution has been moving in this disrection since the election of Junichiro Koizumi in 2001. In the Japanese system, MPs of the leading parties function as a kind of “electoral college” choosing as Prime Minister NOT their de facto leader BUT rather someone popular…