Tag: judicial review
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As Jean-Louis Debré’s Term as President Comes to a Close—Whither the French Constitutional Council?
–Alyssa S. King, PhD Candidate in Law, Yale University; Resident Fellow at the Yale Law School Information Society Project Jean-Louis Debré’s term as President of the French Constitutional Council is now coming to a close. The son of former Prime Minister Michel Debré, who drafted most of the Fifth Republic’s current constitution, was a successor to…
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Article Review: David Bilchitz on Matthias Klatt’s “Positive Rights: Who Decides? Judicial Review in Balance”
[Editor’s Note: In this installment of I•CONnect’s Article Review Series, David Bilchitz reviews Matthias Klatt‘s article on Positive Rights: Who Decides? Judicial Review in Balance, which appears in the current issue of I•CON. The full article is available for free here.]
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Norway: Human Rights and Judicial Review Constitutionalized
–Anine Kierulf, Post-Doctoral Researcher, Norwegian Centre for Human Rights, University of Oslo Law School Today Norway made judicial review part of its written constitution. This amendment marks the finalization of a human rights reform of Norway’s 200 year-old constitution. While but a codification of a 150-yearlong court-made practice of review, it also adds democratic legitimacy…
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An Evolution in “Italian Style”: The Constitutional Court says it will Govern the Effects of its Judgments (and Will Use the Proportionality Test to Do It)
—Erik Longo (University of Macerata) and Andrea Pin (University of Padua) Since the adoption of the Constitution in 1947, Italy’s Constitutional Court (CC) has had the primary purpose of defending the normative superiority of constitutional law within the legal order. The Italian model of judicial review of legislation largely takes inspiration from the so-called ‘centralized’…
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?
—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan.
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Mercy and Judicial Review in the Commonwealth
—Adam Perry, Lecturer in Law, Queen Mary University of London Judges in Commonwealth jurisdictions are increasingly willing to review the executive’s decisions to grant or refuse mercy (ie, decisions to grant or refuse a request for a pardon or remission of a sentence for a criminal offence).
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Video Interview: Counter-Interpretation and Constitutional Supremacy, Featuring Joshua Braver
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Joshua Braver on judicial review in the United Kingdom and the United States, specifically as it relates to a phenomenon he identifies as “counter-interpretation.”
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Video Interview: Courts and Constitution-Making Featuring Will Partlett
—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Will Partlett on the role of courts in constitution-making. In the interview, we discuss constitution-making in general, his recent work on constitution-making in Russia and post-communist countries, as well as the relationship between political culture and constitutional structure.
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Video Interview: “Bills of Rights in the Common Law” Featuring Robert Leckey
—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Robert Leckey on his forthcoming book entitled “Bills of Rights in the Common Law,” to be published by Cambridge University Press in May 2015.
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Video Interview: Developments in Indian Constitutional Law Featuring Rohan Alva
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Rohan Alva on developments in Indian constitutional law. In the interview, we discuss judicial review, current controversies in the separation of powers, the adjudication of socio-economic rights, the judicial use and non-use of comparative public law, access to…