Category: Uncategorized
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New papers on transnational constitutionalism
There are two new papers up on SSRN concerning the contribution of outsiders to the formation and interpretation of national constitutions. As recently previewed here, Rosalind Dixon and Vicki Jackson have a forthcoming paper in Wake Forest Law Review called Constitutions Inside Out: Outsider Interventions In Domestic Constitutional Contests.
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The value of case-specific inquiry in comparative constitutional law methodology: Preliminary thoughts and questions
—Claudia E. Haupt, Associate-in-Law, Columbia University What exactly are we doing when we engage in comparative constitutional inquiry? How do we choose the parameters of comparison? How do we determine whether we ought to engage in a large sample size (or large-N) or a small sample size (or small-N) study?
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Constitutional Comparativism and Splendid Isolation?
—Jaakko Husa, Professor, Legal Culture and Legal Linguistics, University of Lapland, Finland Long gone are the days when comparative law was ruled by private law scholars only. After the collapse of socialism we have experienced a global expansion of constitutionalism, judicial review, and human rights.
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South African Art Controversy, and International Law Ruling
South Africa is currently preoccupied with a controversy regarding a painting of its President that is on display in a gallery. The painting appears to show President Zuma in a Lenin-like pose with his genitals hanging out of his pants. Zuma has sought a court injunction banning display of the painting because it supposedly insults…
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Tamir Moustafa’s Brookings report is online here.
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Update on South African Socio-Economic Rights Jurisprudence
In recent years, there has been concern that the South African Constitutional Court has been retreating from its innovative socio-economics rights cases. In the most infamous case, Mazibuko, the Court in 2010 was very deferential towards the government in upholding a new problematic water distribution policy for some poor residential communities.
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Workshop on Constitutions and the Environment
Erin Daly (Widener University), writes with an announcement about the following conference, which looks intriguing: Constitutional Environmental Rights Workshop Thursday, May 31, 2012 Environmental Law Center Widener University School of Law, Wilmington, DE On Thursday, May 31, 2012, the Widener Environmental Law Center (WELC) in Wilmington, Delaware, will host a one-day scholar workshop on recent…
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Hungary constitution takes effect
The new Hungarian Constitution became law on New Year’s Day, 2012. Is it a harbinger of a new anti-European trend in the hear of Europe, or simply an anomalous hiccup? We are not living in the “end of constitutional history.” An excellent analysis by Kim Lane Scheppele is here.
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Foreign Affairs article on Arab Spring Constitutionalism
Anthony Billingsley has written an interesting article on constitution-making in the wake of the Arab Spring for Foreign Affairs.