Tag: separation of powers
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The Oldest-Newest Separation of Powers
—Yaniv Roznai, Senior Lecturer, Radzyner Law School, Interdisciplinary Center (IDC) Herzliya. Separation of powers is a basic idea within constitutional theory. The principle of separation of powers, as famously described by Montesquieu in his The Spirit of the Laws, centered around three governmental branches: legislative power, executive power and judging power; a separation that was needed…
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In Defence of Constitutionalism
—Dr. Rohit De, Assistant Professor at Yale University, and Dr. Tarunabh Khaitan, Associate Professor at the Universities of Oxford and Melbourne On the 12th of January 2018, four of the five senior-most judges of the Indian Supreme Court who constitute its ‘collegium’ held an unprecedented joint press conference.
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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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The Brazilian Constitution of 1988, the Armed Forces, and the Coup d’Etat
—Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, & Thomas da Rosa Bustamante, Federal University of Minas Gerais, Brazil, Faculty of Law. On the 17th of September 2017, Brazilian Army General Antonio Hamilton Martins Mourão, during a lecture for a Masonic Lodge in Brasília, advocated the possibility of an interference of the Armed Forces…
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An Explicit Constitutional Change by Means of an Ordinary Statute? On a Bill Concerning the Reform of the National Council of the Judiciary in Poland
–Piotr Mikuli, Professor and head of Chair of Comparative Constitutional Law, Jagiellonian University Towards the end of January 2017, the Polish Ministry of Justice introduced a bill reforming the current legal status of the National Council of the Judiciary. If passed as proposed, the bill would seriously undermine the independence of the judiciary in Poland.
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Developments in Czech Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the sixth 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 and Sweden.
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Virtual Bookshelf: Judicial Review in Kenya: A Review of “The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis,” by James Thuo Gathii
—Richard Albert, Boston College Law School We know a lot about the theory of judicial review. We also know a lot about how the power of judicial review is exercised and why it has emerged in many constitutional democracies around the world.
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Developments in Slovak Constitutional Law: The Year 2015 in Review
[Editor’s Note: This is the second installment in our Year-in-Review series, which began earlier this year with the publication of the 2015 year-in-review of developments in Italian Constitutional Law, prepared by Marta Cartabia, Pietro Faraguna, Michele Massa and Diletta Tega. We invite scholars from around the world to prepare similar reports on their own jurisdictions for publication…
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South African Constitutional Court Orders President to Reimburse State
–James Fowkes, Senior Researcher, Institute for Comparative and International Law in Africa, University of Pretoria A few days ago on Thursday, March 31, the South African Constitutional Court ordered President Jacob Zuma to reimburse the state personally for non-security improvements to his private residence, in terms of a structural interdict.
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Video Interview: The Design of the Iraqi Constitution Featuring Haider Ala Hamoudi
–Richard Albert, Boston College Law School In this latest installment of our video interview series at I-CONnect, I interview Haider Ala Hamoudi on the Iraqi Constitution. I conducted the interview from the Faculty of Law at the University of Ottawa, where I am serving as a visiting scholar for the month of July.