Icon-International Journal of Constitutional Law最新文献_第5页

Book review symposium: Introduction 书评研讨会:导言

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad037

Chien-Chih Lin

引用次数: 0

The path towards sovereign territory: Reading China’s (anti)federal idea against its modern territorial constitutional imaginary 走向主权领土之路:从中国现代领土宪法想象中解读中国的(反)联邦思想

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad047

Ming-Sung Kuo

{"title":"The path towards sovereign territory: Reading China’s (anti)federal idea against its modern territorial constitutional imaginary","authors":"Ming-Sung Kuo","doi":"10.1093/icon/moad047","DOIUrl":"https://doi.org/10.1093/icon/moad047","url":null,"abstract":"Abstract This article aims to shed light on how China has (re)imagined the geographical distribution of authority on its path towards modern statehood by unpacking the debate surrounding the constitutional status of Hong Kong in China’s territorial constitution. Challenging the conventional wisdom that China is constitutionally impervious to the federal idea, it makes a threefold argument. First, elements of federalism do exist in China, as intimated in its territorial constitution regarding Hong Kong, but have become nearly invisible as the relationship between mainland China and Hong Kong is traveling in the opposite direction. Second, the opposite development is attributable to the antifederal idea embedded in China’s modern constitutional imaginary, which has been shaped by its multifaceted experience with federalism in history. Under the antifederal idea, intimations of federalism in China’s territorial constitution are far from the bridge to a full-fledged Chinese federation, but only meant to be instrumental and transitional. Third, the antifederal idea reflects China’s modern territorial constitutional imaginary under which variegated imperial frontiers are reimagined as homogenized state territory. In conclusion, China’s encounter with Western legal concepts is formative of the Chinese modern constitutional imaginary and thus further influences its attitude towards federalism in framing the territorial constitution.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135673732","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

Citation dice are loaded 引文骰子已加载

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad036

Urška Šadl

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State-centric proportionality analysis in Chinese administrative litigation 我国行政诉讼中的国家中心比例分析

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad051

Shiling Xiao

{"title":"State-centric proportionality analysis in Chinese administrative litigation","authors":"Shiling Xiao","doi":"10.1093/icon/moad051","DOIUrl":"https://doi.org/10.1093/icon/moad051","url":null,"abstract":"\u0000 This article examines the application of proportionality in Chinese administrative litigation over the last two decades and argues that courts in administrative litigation that serve the party-state and tend to uphold state/collective interest have altered proportionality to be state-centric. It finds that the courts invoked proportionality in a negligible portion of all administrative litigation judgments and had inadequate emphases on protecting individual rights. Proportionality has not appreciably assisted the courts in enhancing their oversight of governmental power and protection of individual rights. This article suggests that this is attributable to the restricted function of administrative litigation in China’s party-state governance structure and owing to the country’s long-held belief that public interest takes precedence over individual rights. Administrative litigation, which China’s ruling party employs to resolve principal–agent issues, is seriously constrained. The courts are expected to review the formal legality of executive actions, but not their substance. Informed by the Chinese human rights belief, which favors collectivism over individualism, the courts are skewed toward public interest in the balancing analysis when applying proportionality.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47890681","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

Achieving holistic feminisation: A review of Women and the Judiciary in the Asia-Pacific 实现整体女性化:亚太地区妇女与司法机构检讨

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad038

Susan Glazebrook

{"title":"Achieving holistic feminisation: A review of <i>Women and the Judiciary in the Asia-Pacific</i>","authors":"Susan Glazebrook","doi":"10.1093/icon/moad038","DOIUrl":"https://doi.org/10.1093/icon/moad038","url":null,"abstract":"Women and the Judiciary in the Asia-Pacific is an important contribution to the study of women judges around the world, in particular because it covers jurisdictions that have not yet been widely examined: India, Indonesia, Malaysia, Nepal, several Pacific Island nations, Sri Lanka, Thailand, and the Philippines. Each of the chapters covers the history of the appointment of women judges in the particular jurisdiction, as well as discussing current numbers of women judges and remaining barriers to appointment and promotion, including biases (at 278–82), gender stereotypes (at 42), family responsibilities (at 136–40), and flawed processes (including through nepotism and corruption) (at 252). Much of the discussion covers ground familiar from other studies.1 But the chapters remain rooted in the history and traditions of their particular jurisdictions, which will allow the pursuit of tailored solutions. One of the main themes of the book is that it is not sufficient just to appoint more women to the bench (“thin feminisation”) (at 4–9). What is needed are justice systems that are more broadly influenced by the perspectives of women (“thick feminisation”) (at 4–13). This means that what is required is the appointment of women judges who embody a “feminist consciousness” (at 10). It is not automatically the case that women judges will make feminist decisions (at 86–8).","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135573802","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

Constitutional framings of the right to abortion: A global view 堕胎权的宪法框架:全球视角

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad029

A. Śledzińska-Simon

{"title":"Constitutional framings of the right to abortion: A global view","authors":"A. Śledzińska-Simon","doi":"10.1093/icon/moad029","DOIUrl":"https://doi.org/10.1093/icon/moad029","url":null,"abstract":"\u0000 At the present time, no national constitution expressly guarantees access to abortion as a human right. Yet, despite the absence of explicit constitutional provisions, a growing body of case law from countries’ highest courts recognizes abortion as a fundamental, natural right. Judicial interpretations of the right to abortion are evolving, with courts considering it a derivative of the constitutional guarantees of liberty, equality, dignity, or, more recently, the protection of health. Conversely, some courts, notably in the United States and Poland, have ruled out the possibility of such a right having constitutional status. This Reflection outlines current constitutional approaches to the right to abortion. It highlights an important paradigm shift in constitutional law toward framing abortion as part of the right to reproductive health, as already affirmed in international human rights law. Reproductive rights are now defined in relation to the state’s obligation, on the one hand, not to interfere with reproductive choices and, on the other hand, to provide women and girls with conditions ensuring freedom of choice, but also to determine the limits of their choices.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41281660","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

Trans parents and the gendered law: Critical reflections on the Swedish regulation 变性父母与性别法律:对瑞典法规的批判性反思

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad056

Daniela Alaattinoğlu, A. Margaria

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Introducción: Los entes autónomos en el derecho constitucional latinoamericano 导言：拉丁美洲宪法中的自治实体

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-03-17 DOI: 10.1093/icon/moad016

L. García-Huidobro, Sebastián Guidi

引用次数: 0

Editorial: In this issue; Guest Editorial: Islands and ocean: Public law and international legal ordering in Oceania; Ten good reads 社论:在这个问题上;嘉宾评论:岛屿和海洋:大洋洲的公法和国际法律秩序;十大好书

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-03-14 DOI: 10.1093/icon/moad010

引用次数: 0

Brandon Camilo Archila Jaimes, Review of Richard Albert, Reforma y desmembramiento constitucional 布兰登·卡米洛·阿奇拉·贾梅斯，《理查德·阿尔伯特评论》，宪法改革和肢解

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-03-14 DOI: 10.1093/icon/moac100

Brandon Camilo Archila Jaimes

引用次数: 0