Tag: Backlash
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As Karlsruhe and Luxembourg Feud, are Jo’burg and Arusha Growing Closer?
—Tom Gerald Daly, The University of Melbourne 2020, which has been a friend to no one, has certainly not spared international courts. Most obviously, the Federal Constitutional Court of Germany’s Weiss[1] judgment of 5 May, holding a judgment of the Court of Justice of the EU ultra vires due to poor reasoning, has shaken the…
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Hercules Leaves (But Does Not Abandon) the Forum of Principle: Courts, Judicial Review, and COVID-19
—Vicente F. Benítez R., JSD candidate at NYU School of Law and Constitutional Law Professor at Universidad de La Sabana* Introduction Several analysts have warned about the sudden concentration of power in the hands of chief executives in the wake of the COVID-19 situation.
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The Joint Declaration to the Inter-American System of Human Rights: Backlash or Contestation?
—Melina Girardi Fachin (Universidade Federal do Paraná); Bruna Nowak (Universidade Federal do Paraná) In April 2019, Argentina, Brazil, Chile, Colombia and Paraguay issued a joint declaration to the Inter-American Commission on Human Rights with critical observations directed to the Inter-American System of Human Rights.
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Judicial Backlash in Inter-American Human Rights Law?
—Jorge Contesse, Assistant Professor of Law, Rutgers Law School Argentina has one of the strongest monist constitutional practices in Latin America—a region where incorporation of international human rights law into domestic constitutional arrangements is already the norm. In 1994, its legislature granted constitutional status to a number of international human treaties.