Archive for the ‘j. Special reports for Comparative Constitutional Law’ Category

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IACL World Congress: Workshop 4

23 octubre, 2017

Blog of the IACL, AIDC

2017CongressLogoOver the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”,  being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.

WORKSHOP #4 Parliamentary Control of Military Engagements

CHAIRS

  • Javier Garcia Roca (Spain/ Espagne) (groca@der.ucm.es)
  • Eivind Smith (Norway/ Norvège) (eivind.smith@jus.uio.no)

National constitutions invariably confer the supreme military command to the executive power. The question then arises to know how Parliament is brought into the decision-making procedure before military engagements start and during their duration, and how subsequent control is ensured.

The word “control” should be understood in a broad sense, encompassing upstream measures like requirements of formal parliamentary consent before starting a military intervention, control through…

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Auctoritas non veritas facit Legem; A Response to Professor Roberto Niembro’s Conceptualisation of Authoritarian Constitutionalism.

20 octubre, 2017

Blog of the IACL, AIDC

By Antoni Abat i Ninet, Professor of Comparative Constitutional Law at the University of Copenhagen’s Law School. This blog post is a response to Roberto Niembro’s post on authoritarian constitutionalism for the Global South in Comparative Constitutional Law. This post will be cross-posted to Voelkerrechtsblog as part of a collaboration between Voelkerrechtsblog and the blog of the International Association of Constitutional Law. 

At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more pointed and under pressure. Even so, the analysis of the relation between constitutionalism and authoritarianism continues to fascinate academics worldwide. This interest has different reasons, some of them related to the current majoritarian epistemological doctrine that links constitutionalism with democracy, freedom and equality. Today, we conceive of a constitution as a charter of rights and freedoms, as a synonym of legal and political…

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Catalans May Not Have the Right to Unilateral Secession – But They Do Possess the Right to Present Such a Claim

10 octubre, 2017

Blog of the IACL, AIDC

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By Martin Scheinin, Professor of International Law and Human Rights (European University Institute, Florence) 

This brief blog post addresses the purported referendum on 1 October in Catalonia, concerning the question whether that province of Spain should unilaterally proceed towards independent statehood. The purpose of this post is to provide some context to what I wrote as five separate tweets on Twitter the evening of 1 October and then on 2 October reposted as a Twitter “thread” with some additional tweets as explanations. The Twitter thread posted as @MartinScheinin reads as follows:

1. Peoples (but not all groups) have a legal right to self-determination. In exceptional circumstances, also a right to unilateral secession

1a. Decolonisation is the typical, but not the sole, case where the quest for self-determination justifies also secession as its form

2. In most cases, a people’s right to self-determination means a right to good faith negotiations about…

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IACL World Congress: Workshop 3

28 septiembre, 2017

Blog of the IACL, AIDC

2017CongressLogoOver the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”,  being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.

WORKSHOP #3 State of Emergency

Chairs:

  • Anne Levade (France) (anne.levade@wanadoo.fr)
  • Charles Fombad (Cameroon/ Cameroun) (charles.fombad@up.ac.za)

A state of emergency or any regime designed to deal with an emergency, such as a state of siege or other regime of exception, refers to exceptional situations which gives extraordinary powers to public authorities, authorising them to take the measures which the circumstances require in order to return to normal as soon as possible. The implementation of such regimes has been discussed regularly and has resulted in numerous doctrinal…

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IACL World Congress: Workshop 2

26 septiembre, 2017

Blog of the IACL, AIDC

2017CongressLogoOver the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”,  being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.

WORKSHOP #2 Abuse of the Constitution in Times of Emergency

CHAIRS

  • Richard Albert (Canada) (richard.albert@bc.edu)
  • Martin Scheinin (Finland/ Finlande) (martin.scheinin@eui.eu)

    Many contemporary constitutions include one or more clauses related to a state of emergency. These clauses may alter the normal division of powers, typically between an elected parliament and an executive, or they may allow for derogations from some constitutionally protected fundamental rights. Often the latter type of emergency clauses are modelled along the lines of the derogation clauses in international human rights treaties (ICCPR…

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IACL World Congress: workshop 1

15 agosto, 2017

Blog of the IACL, AIDC

2017CongressLogoOver the coming days, we will be featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”,  being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English.

WORKSHOP #1 The Debate on Establishment of the World Constitution

CHAIRS

  • Andrew L. Strauss (USA) (astrauss1@udayton.edu) 
  • Byong Yoon, Cho (Korea) (bycho77@gmail.com)

This workshop will explore the universal concept of constitutionalism for the adequate constitutional dimension and the universal methodology for “the Establishment of the World Constitution” as the ultimate and fundamental solution in the 21st century for the new global challenges to traditional constitutionalism in ways such as world politics, armed conflicts, terrorism and violence, global geopolitical tensions, regional confrontations, various types of violent conflicts…

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Launching the 2018 IACL World Congress

15 agosto, 2017

Blog of the IACL, AIDC

2017CongressLogoToday, we launch the website for the IACL World Congress in Seoul, Republic of Korea, 18-22 June 2018. It is available in English and French.

This blog post provides an overview of the whole event, including how to register and submit expressions of interest in presenting a paper at a workshop. Future posts will look in more detail at the rich array of activities that delegates will enjoy.

If you’re Tweeting about the congress, please use the hashtag #IACLSeoul2018 and follow us @iacl_aidc.

The IACL Congress takes place every four years, attracting hundreds of academics, judges and practitioners from across the world. The Congress is co-produced by a South Korean Organizing Committee and a programme commission of members of the IACL executive committee.

In 2018, the theme is: Violent Conflicts, Peace-Building and Constitutional Law. 

Panels of distinguished experts will lead discussion and debate of the Congress themes in four…

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Blog of the IACL, AIDC

a network of constitutionalists from countries throughout the world

Pensamientos de Derecho Constitucional

Retos del constitucionalismo en el siglo XXI