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

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Administrative Discretion: a comparative analysis

27 marzo, 2018

Blog of the IACL, AIDC

FigueiredoMarcelo Figueiredo is a lawyer, jurist and legal advisor in São Paulo, Brazil.  He is also an Associate Professor of Constitutional Law at the Pontifical Catholic University of São Paulo Law School, President of the Brazilian Association of Democrat Constitutionalists and Vice-President of the International Association of Constitutional Law.

Administrative discretion is critical in administrative process. Two foundational principles guiding a democratic government are transparency and accountability. The actions of public authorities therefore are viewed through the prism of rule of law in general and fundamental rights guaranteed in the Constitution in particular.

Administrative discretion is primarily questioned at two levels. The very law granting discretion or the action taken under the law could be challenged. Both these challenges are done at the touchstone of fundamental rights and judiciary is the forum to agitate the claims. This raise two questions for review as to whether the grant and use of discretion…

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New Titles from Hart Publishing

19 marzo, 2018

Blog of the IACL, AIDC

Australian Constitutional Values

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Edited by Ros Dixon

Vigorous debate exists among constitutional scholars as to the appropriate ‘modalities’ of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or ‘values’. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach.

This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional…

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Free, prior and informed consent of indigenous peoples: a fundamental right

12 marzo, 2018

Blog of the IACL, AIDC

Konstantin Gerber is a lawyer, doctorate student and has a master’s in legal philosophy from the Pontifical Catholic University of São Paulo. He is also a member of the IACL Social Rights Research Group. 

Foto Dr. Konstantin Atual copy

The objective of this blog post is to encompass some experiences from Latin America and Africa on free, prior and informed consent (FPIC).

In its recommendations, the African Commission on Human Rights acknowledged violations of Articles 1 (recognition of rights and duties), 8 (free practice of religion), 14 (right to property), 17 (right to freely take part in the cultural life) and 21 (right to lawful recovery of property) of the African Charter, as well as the right of the Endorois community to restitution of ancestral territory due to displacement of land around the Lake Bogoria by virtue of the creation of the Lake Bogoria Game Reserve by the Kenyan government in 1978. The violation…

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Just Published: The Alchemists

23 febrero, 2018

Blog of the IACL, AIDC

This post is in conversation with Dr Tom Gerald Daly, author of the recently published book The Alchemists. Dr Daly is a MLS fellow at Melbourne Law School, Co-Convenor of the Constitution Transformation Network (ConTransNet) and Associate Director of the Edinburgh Centre for Constitutional Law at Edinburgh Law School.

image alchemsist bookTell us a little bit about the book
The Alchemists
presents a searching critique of excessive reliance on courts as ‘democracy builders’ in states emerging from authoritarian rule. This court obsession has developed over the seven decades since the end of World War II, but has become a truly global phenomenon since 1989. The book takes a broad comparative, historical and theoretical tack to present a coherent contrarian voice against this growing trend toward ever greater faith in courts as engines of successful democratisation. But I would emphasise that it is not an anti-court polemic. It simply…

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Program of the 10th World Congress of Constitutional Law

26 enero, 2018
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Call for Papers: Challenges to Global Constitutionalism

23 enero, 2018

Blog of the IACL, AIDC

Call for Papers: Challenges to Global Constitutionalism

Submissions due by: 23 February 2018

Workshop dates: 4 – 6 July at WZB Berlin Social Science Center

About the workshop:

Global Constitutionalism, in partnership with PluriCourts is organising a workshop for scholars interested in publishing in the field of global constitutionalism.

Paper proposals can be on any topic related to global constitutionalism.

Such topics may include:

•    International courts and contemporary challenges to international courts
•    Human rights
•    The rule of law from a global perspective
•    Contemporary challenges to democracy
•    The legitimate role of the judiciary in the global order
•    Contestation of global norms
•    Global justice
•    Transnational democracy
•    Post-colonial critiques of global constitutionalism
•    Non-western approaches to global constitutionalism
•    The implications of the rise of populist and nationalist movements for global constitutionalism
•    Global constitutionalism and cultural diversity

Submission Guidelines:

To apply…

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Conference on ‘Representing Regions, Challenging Bicameralism’ at the University of Innsbruck, Austria

17 enero, 2018

Blog of the IACL, AIDC

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The University of Innsbruck is hosting a conference on ‘Representing Regions, Challenging Bicameralism’ on the 22nd and 23rd of March 2018.

The conference program can be found here. Please contact Monika Weber at Monika Weber@uibk.ac.at to register your participation and for any further details. Please register for the conference by the 19th of March 2018.

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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