Tag: judicial review
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Video Interview: Unamendability and Unconstitutional Constitutional Amendments Featuring Yaniv Roznai
—Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Yaniv Roznai on unamendability and unconstitutional constitutional amendments. In the interview, we explore discuss the paradox of the concept of an unconstitutional constitutional amendment, the origins and modern legal implications of the concept, whether one can…
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Video Interview: A New Typology of Judicial Review Featuring Joel Colón-Ríos
—Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Joel Colón-Ríos on the subject of judicial review. His most recent paper, appearing here in the new journal Global Constitutionalism, addresses judicial review and is entitled “A New Typology of Judicial Review of Legislation.”
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Is Constitutional Review Moving to a New Home in Myanmar?
—Dominic J. Nardi, Jr., University of Michigan Late last year, Myanmar’s legislature initiated a process to review and amend the 2008 Constitution. Until recently, the largest opposition party, National League for Democracy, seemed focused on removing the ban against citizens with foreign dependents from becoming president (NLD leader Aung San Suu Kyi’s two sons are…
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Book Review/Response: Maartje de Visser and Laurent Pech on Comparative Constitutional Review in Europe
[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Laurent Pech reviews Maartje de Visser’s recent book on Constitutional Review in Europe: A Comparative Analysis. Maartje de Visser then responds to the review.] Review by Laurent Pech –Laurent Pech, Professor of European Law and Head of the Law Department, Middlesex University London[1] Let’s not beat around the…
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A New Legal Definition of Religion?
—Lorenzo Zucca, Reader in Jurisprudence, King’s College London Scientology is a religion: this much is clear in the UK Supreme Court’s December 11 ruling in the high profile case of Hodkin v Registrar. The facts of the case are simple. Mrs.
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A Public Forum on Unconstitutional Constitutional Amendments
Last month, Professor Vicki Jackson moderated a fascinating public forum on unconstitutional constitutional amendments featuring Aharon Barak (former President of the Supreme Court of Israel) and Lech Garlicki (former judge on the European Court of Human Rights). The forum was video recorded and is now available for viewing here.
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New Scholarship Review: Interview with Federico Fabbrini
–Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Federico Fabbrini about his forthcoming paper on The Euro-Crisis and the Courts: Judicial Review and the Political Process in Comparative Perspective. In his paper, Professor Fabbrini explores the increasing involvement of courts in the fiscal and economic affairs of the state, with a…
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Why *Judicial* Review: A Preliminary Typology of Scholarly Arguments
—Richard Albert, Boston College Law School It was perhaps inevitable that the advent of written constitutionalism would quicken the rise of judicial review. The writtenness of a constitution creates a ready-made argument in favor of judicial review, namely that the constitutional text sets the standard against which the constitutionality of governmental action must be measured,…
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75% Millionaire Tax Rate Ruled Unconstitutional: Are Good Judges Bad for Democracy?
—Arthur Dyevre, Max Planck Institute Just before the turn of the year, on December 29th, the French Constitutional Council overturned the socialist government’s 75% income-tax rate for the rich, a measure the new occupant of the Elysée Palace, François Hollande, had turned into an anti-rich symbol during his presidential campaign.