Tag: Constitutionalism
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The “Metaphor of Waves” in Latin America: A Fragmentary Reality?
—Juliano Zaiden Benvindo, University of Brasília and National Council for Scientific and Technological Development [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Comparative constitutional law has a particular taste for unraveling constitutional waves.
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Symposium on Constitutional Struggles in Asia: Introduction
[Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This introduction will be followed by five posts exploring and contextualizing constitutional struggles in five countries in Asia.]
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Democratic Erosion and Militant Democracy
–Tom Ginsburg and Aziz Huq, The University of Chicago Law School In 1937, the German political scientist Karl Loewenstein published a two-part article that coined the term militant democracy.[1] Concerned with the inadequate democratic response to the rising threat of fascism, he called for a set of legislative and legal techniques that would allow democracy…
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I-CONnect Symposium on “Constitutional Boundaries” — Constitutional Theory and Boundary Problems: Some Reflections
[Editor’s Note: This is the first entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here.] –Lael K Weis, Senior Lecturer, The University of Melbourne, Melbourne Law School The invitation to participate in the Constitutional Boundaries Workshop provided me with an important opportunity to reflect on the development and trajectory of my early career…
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Governing in a Liberal-Constitutional State: Dealing With the Clash Between Legality and Legitimacy in Chile and Spain (I-CONnect Column)
—Javier Couso, Universidad Diego Portales & Utrecht University [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Populism and the Courts
—Andrew Arato, The New School [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] The antagonism of populist governments to apex courts is a matter of historical record, starting with Peronism, the first time that an openly populist movement…
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Populist Constitutions – A Contradiction in Terms?
—Jan-Werner Müller, Princeton University [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. Professor Müller’s post is adapted from his book What is Populism? (Philadelphia: University of Pennsylvania Press, 2016) and from “Populism and Constitutionalism,” forthcoming in the Oxford Handbook of Populism.]
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The Impact of a Trump Presidency for Constitutionalism and Human Rights in Latin America (I-CONnect Column)
—Javier Couso, Universidad Diego Portales [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts.
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Time to View Democratic Decay as a Unified Research Field?
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law Each passing month brings more warnings of global democratic decay, which we might loosely define as the incremental degradation of the structures and substance of liberal democracy, as distinct from a clear and rapid breakdown of democratic rule.
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Taking “The Dark Side” Seriously: Constitutionalism and the Question of Constitutional Progress Or: Why it is Fitting to Have the 2016 ICON-S Conference in Berlin (I·CON 13, Issue 4: Editorial)
—Mattias Kumm, NYU School of Law I. It is an obvious point that the global history of constitutionalism cannot plausibly be told as a simple progress narrative. The French and American Revolutions did not trigger an ineluctable steady march of progress.