Tag: South African Constitutional Court
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As Karlsruhe and Luxembourg Feud, are Jo’burg and Arusha Growing Closer?
—Tom Gerald Daly, The University of Melbourne 2020, which has been a friend to no one, has certainly not spared international courts. Most obviously, the Federal Constitutional Court of Germany’s Weiss[1] judgment of 5 May, holding a judgment of the Court of Justice of the EU ultra vires due to poor reasoning, has shaken the…
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What the Harvard Decision Gets Right about Affirmative Action
—Yuvraj Joshi, Doctoral Candidate, Yale Law School A federal judge has upheld Harvard College’s admissions program against a challenge from Edward Blum. Her opinion reinforces what I interpret to be the true purpose of affirmative action in the U.S., which is the pursuit of racial transition.
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Dominant Assumptions: Reading Between the Lines of a New South African Party Funding Decision (I-CONnect Column)
—James Fowkes, University of Münster Faculty of Law [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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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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Editor’s Choice: Mark Tushnet
—Mark Tushnet, Harvard Law School [ICON Editors’ Choices for New Year Readings and Gifts: ICON’s Book Review Editor, Isabel Feichtner, invited our Board members to reflect on the books that have had a significant impact on them this year. In the following weeks they will present their selections here on I*Connect.
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I•CON Debate Review by Brian Ray: Socio-Economic Rights and the Economic Crisis
[Editor’s Note: In this special installment of I•CONnect’s Review Series, Brian Ray offers a critical review of the I•CON debate between David Bilchitz and Xenophon Contiades & Alkmene Fotiadou on socio-economic rights and the economic crisis. The debate appears in the current issue of I•CON, beginning with Bilchitz’s paper here, followed by a reply by Contiades &…
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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective
—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.”
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Book Review/Response: Katharine Young and Jamal Greene on Economic and Social Rights
[Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Jamal Greene reviews Katharine Young’s recent book Constituting Economic and Social Rights. Katharine Young then responds to the review.] Review by Jamal Greene –Jamal Greene, Columbia Law School, reviewing Katharine Young, Constituting Economic and Social Rights (Oxford 2012) In San Antonio Independent School District v.
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In Memoriam: Chief Justice Arthur Chaskalson
—Brian Ray, Cleveland-Marshall College of Law, Cleveland State University Arthur Chaskalson, the first President and Chief Justice of the South African Constitutional Court died on December 1, 2012. Many have highlighted the remarkable and courageous role he played in the anti-apartheid movement, including his defense of Nelson Mandela and others during the infamous Rivonia trials.