Tag: Federalism
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Conference Report–Symposium on “State Constitutional Change,” University of Arkansas School of Law
—Jonathan Marshfield, University of Arkansas School of Law On January 22, 2016, the Arkansas Law Review hosted a symposium on State Constitutional Change: Traditions, Trends, and Theory at the University of Arkansas School of Law in Fayetteville, Arkansas. I convened the symposium along with Richard Albert (Boston College).
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Nepal: Agree to (have the Supreme Court) Disagree
—Vikram Aditya Narayan, Advocate, Supreme Court of India Until a couple of decades ago, federalism was nothing more than an academic subject in Nepal. However, it has now become a political reality, with the Parliament/Constituent Assembly deliberating over the manner in which Nepal can and should transform itself under the new Constitution.
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Taking Aim at Cooperative Federalism: The Long-Gun Registry Decision by the Supreme Court of Canada
—Johanne Poirier[*], Université libre de Bruxelles On March 27, 2015, a highly divided Supreme Court of Canada rendered a momentous ruling which reveals a severe divergence on the nature of Canadian contemporary federalism.[1] The tight 5 to 4 decision also underlines a different conception of the role of the judicial branch regarding the defence and promotion…
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Cooperative Federalism Divides the Supreme Court of Canada: Quebec (Attorney General) v. Canada (Attorney General)
—Paul Daly, University of Montreal, Faculty of Law On Friday, the Supreme Court of Canada brought to an end the lengthy saga of Canada’s long-gun registry. There was a sharp split on the Court, with a bare majority of five justices giving a narrow win to the federal government over the joint dissent of their three…
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New Scholarship Review: Interview with Jonathan Marshfield on Federalism and the Amendment Power
—Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Jonathan Marshfield about his forthcoming paper on Decentralizing the Amendment Power. In his new paper, Marshfield explores how and why constitutional amendment rules might be structured to include subnational units in the process of formal amendment.
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Video Interview: National Supreme Courts and Legal Complexity, Featuring Kate Glover
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Kate Glover on the subject of national supreme courts and legal complexity, with a particular focus on Canada in comparative perspective.
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Is a Federal Britain Now Inevitable?
–Stephen Tierney, Professor of Constitutional Theory in the School of Law, University of Edinburgh and Director of the Edinburgh Centre for Constitutional Law; ESRC Senior Research Fellow, ESRC Centre on Constitutional Change. The Smith Commission Report issued today promises a restructuring of the United Kingdom which may prove to be more significant than the devolution settlement of…
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Might Afghans Amend The 2004 Constitution? Hints from a Televised Presidential Debate
—Clark B. Lombardi & Shamshad Pasarlay, University of Washington School of Law 2014 marks the tenth anniversary of the current Afghan Constitution, as a post last month on FP.com (cross-posted on this blog) noted. In that post, two American experts in comparative constitutional law, Tom Ginsburg and Aziz Huq, critiqued the performance of the government…
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Note on the Provisional Constitution of the Federal Republic of Somalia
—Antonios Kouroutakis, University of Oxford, Faculty of Law The Provisional Constitution of the Federal Republic of Somalia (the Constitution) is the supreme law of Federal Republic of Somalia (Somalia). The drafting process occurred under the auspices of United Nations, and on 1 August 2012, the National Constitutional Assembly approved the Constitution by an overwhelming majority.