Icon-International Journal of Constitutional Law最新文献_第8页

Catalina Salem Gesell, Review of Rosalind Dixon, Responsive Judicial Review. Democracy and Dysfunction in the Modern Age 卡特琳娜·塞勒姆·格塞尔，《罗莎琳德·迪克森的评论》，《回应性司法审查》。现代的民主与功能失调

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-02-04 DOI: 10.1093/icon/moac077

Catalina Salem Gesell

引用次数: 1

Kriszta Kovács, Gábor Attila Tóth, Review of András Sajó, Ruling by Cheating: Governance in Illiberal Democracy Kriszta Kovács，Gábor Attila Tóth，《András Sajó评论》，《作弊统治：非自由民主中的治理》

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-02-04 DOI: 10.1093/icon/moad005

Kriszta Kovács, G. Tóth

引用次数: 6

Elisa Ortega Velázquez, Review of Tania Ixchel Atilano, International Criminal Law in Mexico. National Legislation, State Practice and Effective Implementation Elisa Ortega Velázquez, Tania Ixchel Atilano评论，墨西哥国际刑法。国家立法、国家实践与有效实施

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-02-04 DOI: 10.1093/icon/moac079

E. Velázquez

引用次数: 0

Andrej Lang, Review of Afroditi Marketou, Local Meanings of Proportionality Andrej Lang，Afroditi Marketou评论，比例性的地方意义

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-02-04 DOI: 10.1093/icon/moad001

Andrej Lang

引用次数: 0

El sexo en disputa. De la necesaria recuperación jurídica de un concepto. 有争议的性。概念的必要法律恢复。

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-02-03 DOI: 10.1093/icon/moac069

Itziar Gómez Fernández

引用次数: 0

The UK Supreme Court’s Miller II: Keeping the Court out of politics’ way? 英国最高法院的米勒二世:让法院远离政治?

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-01-04 DOI: 10.1093/icon/moac104

Maurits Helmich

引用次数: 0

Is it time to abandon the theory of constituent power? 是时候放弃制宪权力理论了吗?

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-01-01 DOI: 10.1093/icon/moad033

Sergio Verdugo

{"title":"Is it time to abandon the theory of constituent power?","authors":"Sergio Verdugo","doi":"10.1093/icon/moad033","DOIUrl":"https://doi.org/10.1093/icon/moad033","url":null,"abstract":"Abstract A group of scholars has shown that the theory of constituent power—which seeks to describe and justify the dismantling of the constitutional order and its replacement with a new constitution—is flawed. The analytical tools the theory deploys fail to explain how constitution-making processes unfold. Also, the theory has been subject to normative challenges that question its democratic nature. However, the theory remains a mainstream idea in many countries, and some academics have attempted to defend its democratic nature. I claim that those attempts have rendered the theory meaningless or failed to address all of its problems. I then raise two objections. First, the constituent power theory cannot be used to justify most—if any—constitution-making processes without an excessive idealization of the founding moment, but we are yet to understand the actual costs of that idealization. Second, redeemers of the theory need to decide whether constitution-making can operate under reasonably favorable electoral and democratic conditions or not. Ideal conditions are improbable when constitutional change is carried out in response to a crisis. In the unlikely case that these conditions can be met, using an idea of constitutional change as radical as the constituent power theory is not warranted from a normative perspective. I call this the dilemma of constituent power redemption.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135636419","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: 1

Comparative court-packing 比较court-packing

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-01-01 DOI: 10.1093/icon/moad012

David Kosař, Katarína Šipulová

{"title":"Comparative court-packing","authors":"David Kosař, Katarína Šipulová","doi":"10.1093/icon/moad012","DOIUrl":"https://doi.org/10.1093/icon/moad012","url":null,"abstract":"Abstract In the wake of Donald Trump’s presidency, a fierce discussion over expanding the US Supreme Court erupted. However, the expansion of a court’s membership is just one of several court-packing techniques. Moreover, the American debate is peculiar due to the unique features of the US Supreme Court. The aim of this article is to look at court-packing from a comparative perspective, to link the debates on tinkering with courts’ composition on both sides of the Atlantic, and to bring into the conversation a diverse scholarship in the Global North and the Global South. Based on experience from other parts of the world, this article provides a new, broader definition of court-packing that includes not only expansion of the court in question, but also emptying and swapping strategies. It then discusses the typical justifications for and dangers of court-packing and provides a prospective pragmatic mid-level theory that allows us to assess whether a given court-packing plan is legitimate. It argues that the legitimacy of court-packing has two dimensions: one focusing on whether court-packing pursues a legitimate aim (ius ad bellum of court-packing) and a second dimension exploring whether court-packing itself is implemented legitimately (ius in bello of court-packing). This means that even if politicians have a “just cause” for court-packing, their actions are still limited.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135585160","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: 1

Speaking truth to power: Legal scholars as survivors and witnesses of the Covid-19 maternal mortality in Brazil 向权力说出真相:法律学者作为巴西Covid-19孕产妇死亡率的幸存者和见证者

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2022-11-17 DOI: 10.1093/icon/moac066

Gabriela Rondon, D. Diniz, Juliano Zaiden Benvindo

{"title":"Speaking truth to power: Legal scholars as survivors and witnesses of the Covid-19 maternal mortality in Brazil","authors":"Gabriela Rondon, D. Diniz, Juliano Zaiden Benvindo","doi":"10.1093/icon/moac066","DOIUrl":"https://doi.org/10.1093/icon/moac066","url":null,"abstract":"\u0000 The Covid-19 health emergency has placed special demands on legal scholars, particularly on those based in the Global South. Brazil has been one of the epicenters of the pandemic, with over 680,000 deaths as of August 2022. Our narrative emerges from the duality of our positions amid a national tragedy—we are at the same time survivors of the collective threat of a would-be autocrat and a Covid-19-denialist government, and witnesses to how our preexisting privileges put us in a position of readiness “to speak truth to power.” Speaking truth to power means not only to exercise an independent spirit of analysis and judgment with respect to power, but also to interpellate power openly about its wrongdoings. We understand that our responsibility as legal scholars is to embrace the urgency of the moment—to expand our research agendas beyond our previous academic trajectories and work to mitigate situations of rights violations. It also means that our work as legal scholars has had to transcend the traditional academic spaces. We have positioned ourselves as advocates and litigators for those most affected by the pandemic, in particular vulnerable women. In this article, we share one of our key initiatives during the pandemic—a constitutional lawsuit to demand the right of pregnant and postpartum people to access Covid-19 vaccines.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44664198","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

My Covid-19 story: A tale of convergence, divergence, and more than law 我的新冠肺炎故事：一个融合、分歧的故事，不仅仅是法律

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2022-11-17 DOI: 10.1093/icon/moac083

P. Obani

{"title":"My Covid-19 story: A tale of convergence, divergence, and more than law","authors":"P. Obani","doi":"10.1093/icon/moac083","DOIUrl":"https://doi.org/10.1093/icon/moac083","url":null,"abstract":"\u0000 Over the past couple of years, the Covid-19 pandemic and response measures by governments around the world have significantly impacted existing inequalities and related human rights in most sectors, including education. Beyond the Covid-19 regulations and the implementation processes, the human rights impacts have largely been determined by extraneous factors such as personal characteristics (sex, gender, age, health, employment), the quality of the environment, and social, political, and economic systems within which the regulations are implemented. In this article, I reflect on my personal experience of the human rights impacts of the pandemic response from my position as a female academic having recently joined the higher education sector in the United Kingdom from abroad. Overall, the pandemic has been both an “equalizing” and “divisive” threat, due to a combination of converging responses and divergent outcomes beyond the regulations. This article is also about my concern that there is a real risk of returning to business as usual without institutionalizing the skills and value addition to human rights protection during emergencies affecting academia and healthcare, drawing from the Covid-19 pandemic experience.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41799920","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