Tag: Emergency
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Pre-departure tests for Singapore citizens returning home: possibly constitutionally tricky in theory, but not in practice
—Benjamin Joshua Ong, Assistant Professor of Law, Singapore Management University Introduction Can a state require that its own citizens may only enter upon production of a test result showing that they are not infected with COVID-19? Albania, Greece, Australia, Samoa, India, the Netherlands, and Cyprus have taken such measures at one time or another.
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Acting (or Not Acting) on (Lawful or Unlawful) Advice in Malaysia: From Windsor to Kuantan and Back Again
—Andrew Harding, Centre for Asian Legal Studies, Faculty of Law, National University of Singapore As has been previously noted in this blog, Malaysia has been undergoing an unprecedented period of political instability that has tested the interpretation and implementation of many constitutional provisions, especially those relating to the appointment and dismissal of governments.[1]
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Constitutionalism in the Time of Corona
—Yvonne Tew, Georgetown University Law Center* [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It’s been said that when democracy dies, it is rarely pronounced dead on the scene.[1]
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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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Are Quebec and Canada having a “Schmittian” (or Iheringian) moment?
—Maxime St-Hilaire, University of Sherbrooke, Faculty of Law On June 16, 2019, the Quebec legislature invoked Section 33 of the Canadian Charter of Rights and Freedoms in order to suspend, with regards to the Act respecting the laicity (secularism)of the State (ALS) that it was passing, all constitutional rights and freedoms which this section permits.
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Book Review: Karin Loevy on Jocelyn Stacey’s The Constitution of the Environmental Emergency
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Karin Loevy reviews Jocelyn Stacey, The Constitution of the Environmental Emergency (Hart 2018).] —Karin Loevy, NYU School of Law Jocelyn Stacey’s book, The Constitution of the Environmental Emergency, is an ambitious and original project in the intersection between emergency powers theory and environmental law.
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Developments in Spanish Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the ninth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak Republic, Romania, Belgium, Sweden, the Czech Republic, Lithuania and Indonesia.
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Conference Report–International Symposium on “Constitutionalism under Extreme Conditions,” University of Haifa
–Maja Sahadžić, University of Antwerp On July 18-19 2016, the University of Haifa hosted the International Symposium “Constitutionalism under Extreme Conditions” organized by the Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa and Boston College Law School under the auspices of the Israeli Association of Public Law.
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The Emergency Constitution of Greece: Ideal on Paper, Inefficient in Reality
—Antonios Kouroutakis, Post-Doctoral Fellow, Aristotle University of Thessaloniki Wars, social unrest, and armed coups in 20th century Greece informed the drafters of the 1975 Greek Constitution on the issue of emergency.[1] De lege lata, the emergency toolbox of Greece, provides policymakers with a plethora of options to address emergency situations.[2]
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Facing l’etat d’exception: The Greek Crisis Jurisprudence
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Greek courts have only recently attempted to control the Memoranda entered into between the Greek state and the European Union and IMF, which impose austerity measures on the country. This judicial self-restraint has mainly been due to the extreme severity of the financial crisis.