Icon-International Journal of Constitutional Law最新文献_第3页

Raeesa Vakil, Review of Philipp Dann and Arun K. Thiruvengadam (eds). Democratic Constitutionalism in India and the European Union: Comparing the Law of Democracy in Continental Polities Raeesa Vakil，Philipp Dann和Arun K.Thiruvengadam评论（编辑）。印度与欧盟的民主宪政：大陆政治民主规律之比较

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-26 DOI: 10.1093/icon/moad042

Raeesa Vakil

引用次数: 1

Khemthong Tonsakulrungruang, Review of Eugenie Merieau. Constitutional Bricolage: Thailand’s Sacred Monarchy vs. The Rule of Law Khemthong Tonsakulrungruang, Eugenie Merieau述评。宪法的拼凑:泰国神圣的君主政体vs.法治

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-26 DOI: 10.1093/icon/moad040

Khemthong Tonsakulrungruang

引用次数: 0

From hierarchical to panoptic control: The Chinese solution in monitoring judges 从层级控制到全局控制:法官监控的中国方案

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-26 DOI: 10.1093/icon/moad053

Xin He

引用次数: 1

The untold leader of judicial review: China’s Constitutional Court (1948–71) and innovative constitutionalism 司法审查的无名领袖:中国宪法法院(1948-71)与创新宪政

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-25 DOI: 10.1093/icon/moad044

Zhaoxin Jiang

{"title":"The untold leader of judicial review: China’s Constitutional Court (1948–71) and innovative constitutionalism","authors":"Zhaoxin Jiang","doi":"10.1093/icon/moad044","DOIUrl":"https://doi.org/10.1093/icon/moad044","url":null,"abstract":"\u0000 Based on newly opened Chinese diaries of Chiang Kai-shek and presidents of the Judicial Yuan, this article explores China’s Constitutional Court from a socio-historical perspective and contextualizes China’s constitutional development from the mainland to Taiwan by 1971, when the United Nations delegitimized the Chiang Kai-shek regime as a lawful representative of China. This article argues that China’s insistence on legal exceptionalism and the fact that China became a victor state after the two world wars facilitated the institutionalization of the Constitutional Court. Due to the judicial leadership and their effective interactions with the political leader, China’s Constitutional Court survived and led a second wave of global expansion of judicial power around the mid-twentieth century. The survival of China’s Constitutional Court gave life to the oldest constitutional court that endured an authoritarian regime longer than the entire post-1989 era. It therefore provides a unique case for the survival of post-democratization constitutional courts in the twenty-first century. However, China’s Constitutional Court has never been properly accredited, not to mention as a leader of the second wave of judicial review. This article fills the gap and posits the survival of the Constitutional Court as a new thesis in comparative constitutional law. Among others, factors including peaceful constitutional revolution, victor-state’s legal exceptionalism, guardian of the Constitutional Court, strong meritocratic judicial leadership and the judicial personal interactions with charismatic political leadership combine to produce a series of constitutional innovations that have safeguarded the survival of China’s Constitutional Court, and thus contributed to creating an exceptional paradigm of judicial review and global constitutional improvement.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43230247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Erin Daly, Review of Jimmy Chia-Shin Hsu, ed. Human Dignity in Asia: Dialogue Between Law and Culture 许家信主编:《亚洲人的尊严:法律与文化的对话》

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-25 DOI: 10.1093/icon/moad050

Erin Daly

引用次数: 0

Social and political dynamics in the feminization of judiciary 司法部门女性化的社会和政治动态

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-25 DOI: 10.1093/icon/moad043

Wen-Chen Chang

引用次数: 0

A constitutional contingency: A reply to Zhaoxin Jiang 宪法的偶然性——对蒋兆新的答复

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-25 DOI: 10.1093/icon/moad048

Chien-Chih Lin

引用次数: 0

Gender recognition at the crossroads: Four models and the compass of comparative law 十字路口的性别认同:四种模式与比较法的指南针

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-22 DOI: 10.1093/icon/moad045

Stefano Osella, Ruth Rubio-Marín

引用次数: 1

The interaction of human rights and religion in Africa’s sexuality politics 人权与宗教在非洲性政治中的互动

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-21 DOI: 10.1093/icon/moad031

Kapya Kaoma

{"title":"The interaction of human rights and religion in Africa’s sexuality politics","authors":"Kapya Kaoma","doi":"10.1093/icon/moad031","DOIUrl":"https://doi.org/10.1093/icon/moad031","url":null,"abstract":"\u0000 This article examines varieties of human rights appropriation in the context of sexuality politics in Africa. Noting how contested the landscape of human rights has been in Africa, it demonstrates how the human rights of lesbians, gays, bisexual, trans, queer, and intersex persons or sexual and gender minorities (LGBTQI+) are excluded from protection as a result of what are described as three interconnected predispositions. These predispositions are postcolonial, cultural, and religious tendencies within many African countries which adopt “othering” narratives that justify, and even sacralize, discrimination or violence based on gender identity and sexual orientation. The article analyzes the rights-based arguments—the appropriation of human rights language—used by anti-gay advocates in Africa, which emphasize rights to religion, culture, and family and exclude or deny the rights of LGBTQI+ people. This presentation of a human rights corpus and discourse which excludes LGBTQI+ rights, and which circulates both within and outside Africa, relies on alliances with the US Christian Right, and with the Vatican and Islamic leaders, to oppose sexual rights, and is often deployed by African politicians to retain political power. The article concludes by exploring the concept of ubuntu as a potential alternative to or as an accompaniment to human rights language, as a way of vernacularizing and Africanizing LGBTQI+ rights.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43810466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Gender identity in the era of mass incarceration: The cruel and unusual segregation of trans people in the United States 大规模监禁时代的性别认同:美国对跨性别者残酷而不寻常的隔离

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-21 DOI: 10.1093/icon/moad046

Federica Coppola

{"title":"Gender identity in the era of mass incarceration: The cruel and unusual segregation of trans people in the United States","authors":"Federica Coppola","doi":"10.1093/icon/moad046","DOIUrl":"https://doi.org/10.1093/icon/moad046","url":null,"abstract":"\u0000 The scarce legal recognition of the gender identity of trans people is a contributing factor to the phenomenon of mass incarceration in the United States. The disproportionately higher rates of incarceration of trans people—especially trans people of color—are driven by discrimination-based barriers to housing, employment, education, and trans-specific healthcare. The denial of trans identity in prison results in the ill-treatment of trans persons, including a heightened exposure to assault and violence. Concerningly, incarcerated trans people are commonly confronted with harsh conditions of confinement such as solitary confinement, which are generally enacted to (presumably) protect their own safety. Against this backdrop, this article advances Eighth Amendment-based arguments for (indirectly) affording a more consistent constitutional protection to gender self-determination in prison settings. First, the article argues that a more robust dignity-based interpretation of the Eighth Amendment regarding the conditions of confinement can lead to recognizing (self-determined) gender-affirming placement as a basic human need, the deprivation of which causes constitutionally relevant harm. The second argument relies upon penal theory to illustrate that the denial of gender self-determination in prison settings, with all the negative corollaries it implies, contradicts the fundamental pillars of each major justification for punishment. Thus, such a denial does not serve any constitutionally justified penological need.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43060606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0