Tag: Emergency
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Symposium on South Korea’s Martial Law Declaration Part 3: Failing to Uphold International Human Rights Standards
—Yoomin Won, Associate Professor, Seoul National University School of Law On December 3, 2024, South Korea’s President Yoon Suk Yeol declared a state of emergency and invoked martial law. Although this martial law was lifted after just six hours, it has been criticized as a measure that regressed South Korea’s democracy.
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Symposium on South Korea’s Martial Law Declaration Part 2: Holding the President Criminally Responsible for Insurrection
—Woongjae Kim, Assistant Professor, Seoul University School of Law Introduction: The Martial Law Crisis and Its Aftermath On December 3, 2024, President Yoon Suk Yeol of South Korea shocked the nation by suddenly declaring martial law. The declaration was immediately followed by a martial law decree that prohibited all political activity, including the activities of…
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Symposium on South Korea’s Martial Law Declaration: Introduction
—Yoomin Won, Associate Professor at Seoul National University School of Law On the night of December 3, 2024, South Korean President Yoon Suk Yeol suddenly declared a state of emergency martial law for the first time in 45 years. For many citizens, martial law was a term found in history books but had long disappeared…
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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.