Tag: judicial review
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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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Towards an Anti-Bully Theory of Judicial Review
—Yaniv Roznai, Harry Radzyner Law School, Interdisciplinary Center (IDC) Herzliya * In an environment of democratic erosion, courts are under political pressure. Populist projects of constitutional change modify the rules for appointment and jurisdiction of bodies like constitutional courts in an attempt to weaken their independence, pack them and even capture them.
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Late Soviet Constitutional Supervision: A Model for Central Asian Constitutional Review?
—William Partlett, Melbourne Law School [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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Russia’s Contested Constitutional Review
—William Partlett, Melbourne Law School [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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I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court—The Evolution of Proportionality in Taiwan Constitutional Jurisprudence
[Editor’s Note: This is Part III of our I-CONnect symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers.
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Introduction to I-CONnect Symposium: The 70th Anniversary of the Taiwan Constitutional Court
[Editor’s Note: I-CONnect is pleased to feature a one-week symposium on the 70th anniversary of the Taiwan Constitutional Court. We are grateful to our guest editor, Professor Chien-Chih Lin, for convening this group of contributors and bringing this symposium to our readers.]
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The Rise of Comparative Constitutional Change — Book Review: Reijer Passchier and Alissa Verhagen on “The Foundations and Traditions of Constitutional Amendment”
[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Reijer Passchier and Alissa Verhagen review The Foundations and Traditions of Constitutional Amendment (Hart 2017), edited by Richard Albert, Xenophon Contiades and Alkmene Fotiadou] –Reijer Passchier[*] and Alissa Verhagen[**] I. The renaissance of an issue The matter of constitutional change is one of the most difficult and challenging issues…
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Virtual Bookshelf: A Review of “Constitutional Dialogue in Common Law Asia” by Po Jen Yap
—Richard Albert, The University of Texas at Austin The concept of constitutional “dialogue” has become prevalent in public law scholarship. The term is commonly used to describe one particular form of interaction between courts and legislatures in connection with the interpretation of constitutional rights–an interaction characterized by a judicial-legislative exchange on the proper outcome rather…
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Crosspost: Is the GOP Tax Law Unconstitutional?
[Editor’s Note: This piece originally appeared here in the San Francisco Chronicle on December 21, 2017.] —Stephen Gardbaum, UCLA School of Law; Member of the ICON-S Governing Council Now that the Republican tax bill is law, is the matter settled, at least until November or, more likely, 2020?
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In Wake of Controversial Enactment Process of Trump’s Tax Bill, Israeli SC Offers a Novel Approach to Regulating Omnibus Legislation
—Ittai Bar-Siman-Tov, Assistant Professor, Bar Ilan University Faculty of Law A controversial tax reform is enacted in the middle of the night. It is enacted in a massive hundreds-of-pages omnibus bill, which is rammed through the legislative process in a highly accelerated pace.