Presentation of the New IACL Research Group "New Frontiers of Federalism"

Presentation of the New IACL Research Group "New Frontiers of Federalism"

Erika ARBAN & Antonia BARAGGIA

The newly formed IACL research group on “New Frontiers of Federalism” aims at exploring a number of emerging issues in classic federal theory and practice. Traditionally, federal arrangements have been adopted to deal with the complexity of divided societies, and thus to accommodate the various forms of diversity (ethnic, religious, linguistic, etc.) existing within a constitutional legal order.

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Mini-Symposium: Kenya and LGBT Rights – EG v the Hon. Attorney-General

Mini-Symposium: Kenya and LGBT Rights – EG v the Hon. Attorney-General

Karan GUPTA

On 24 March, 2019, a three judge Bench of the Kenyan High Court dismissed a constitutional challenge to Sections 162(a), (c) and 165 of the Kenyan Penal Code, which criminalized acts which are ‘unnatural’, ‘against the order of nature’ and grossly indecent. It was contended that the provisions disproportionately affected LGBT individuals and should be struck down

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Mini-Symposium: The Continuity of Insecurity from the Colonial to the Post-Colonial State: The Law of Sedition in India and its Dissenting Peoples

Mini-Symposium: The Continuity of Insecurity from the Colonial to the Post-Colonial State:  The Law of Sedition in India and its Dissenting Peoples

John SIMTE

The evolving use of technology by government(s) to create a surveillance security regime to monitor dissent in present day India has a dangerous organic relationship with the retention of statutory offences criminalising political speech. Their object is the same; imposing fundamental restrictions to constitutional freedoms.

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Editorial - ‘Indian Young Scholars’ Mini-Symposium

Editorial - ‘Indian Young Scholars’ Mini-Symposium

Erika ARBAN & Tom Gerald DALY

To conclude the IACL ‘Symposium Season’ celebrating the one-year anniversary of the re-launch of the new-look blog – and before the 6-week hiatus starting on 1 August – we have put together a ‘Indian Young Scholars’ Mini-Symposium featuring four contributions from emerging Indian students of constitutional law, writing on issues focusing on India and more generally on the Global South. 

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Symposium: Recent and Potential Future Constitutional Developments in Russia

Symposium: Recent and Potential Future Constitutional Developments in Russia

Elena KREMYANSKAYA

Currently Russia is facing quite a few challenges, flowing not only from the history of the country but also from recent constitutional developments with the country as well as from developments in constitutional law practice worldwide. In this piece, I try to point out several of these challenges which may impact on the future of the country.

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Symposium: Dissents in Charter Cases at the Supreme Court: An Anomaly of 2018 or An Emerging Trend?

Symposium: Dissents in Charter Cases at the Supreme Court: An Anomaly of 2018 or An Emerging Trend?

Hayley PITCHER

Last year, 2018, marked the beginning of a new era at the Supreme Court of Canada; Chief Justice Wagner completed his first full year in the role. Prior to his appointment, Chief Justice McLachlin led the Court for 17 years. She earned a reputation as a consensus builder on the Court, but that is not to suggest Charter cases decided by the Court were consistently unanimous.

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Democratic Decay & Renewal (DEM-DEC): Global Research Update-June 2019

Democratic Decay & Renewal (DEM-DEC): Global Research Update-June 2019

Tom Gerald DALY

DEM-DEC is Marking its First Anniversary

DEM-DEC was launched on 25 June 2018 to assist researchers and policymakers focused on the global deterioration of liberal democracy, and on re-thinking democracy. DEM-DEC has delivered on its core purpose is to bring scholars and policymakers together in a collaborative project to pool expertise on democratic decay and democratic renewal…

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Latin America: Walking into the Abyss with eyes wide open

Latin America: Walking into the Abyss with eyes wide open

Carlos Arturo VILLAGRAN SANDOVAL

Between 2018 and the first part of 2019, Latin American states continued to experience the effects of longstanding regional phenomena and trends that present a deterioration of their state-institutions and democracy. In the face of these challenges, societies in the region have found it difficult to find a solution to the problems that these phenomena present. This post will give a brief exposition of three of these phenomena and trends that present constitutional challenges for the development of democracy and rule of law in Latin America.

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‘Disallegient conduct’ and citizenship stripping: Recent Australian developments

‘Disallegient conduct’ and citizenship stripping:  Recent Australian developments

Rayner THWAITES

In December 2015 new statutory powers of citizenship stripping for ‘disallegient conduct’ entered into force in Australia. In November 2018, a Bill was introduced into the Australian Parliament to expand the scope of one of these deprivation powers, debate on this Bill occupying Parliamentary committees through early 2019.

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The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland

The History of the 48-Hour Lawsuit: Democratic Backsliding, Academic Freedom, and the Legislative Process in Poland

Barbara GRABOWSKA-MOROZ, Katarzyna ŁAKOMIEC & Michał ZIÓŁKOWSKI

On 15 June 2019 the Polish Ministry of Justice announced on its website that the Ministry would sue a group of lawyers from the Cracow Institute of Criminal Law, who criticized draft amendments to the Criminal Code. The case of “48-hours-lasting lawsuit” touches upon two fundamental issues: academic freedom and quality of the legislative process.

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Absent-Present Membership? EU Citizens in Brexit Britain

Absent-Present Membership? EU Citizens in Brexit Britain

Reuven ZIEGLER

Having notified the European Council on 29 March 2017 of its intention to withdraw from the EU, the negotiated Withdrawal Agreement and Political Declaration on the Future Relationship between the UK and the EU27 was thrice rejected by the UK House of Commons, forcing the Prime Minister to announce her departure. On 23rd May 2019, the UK held European Parliamentary Elections with Brexit dominating the electoral landscape.

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A Common Policy? The Calling into Question of the European Asylum System

A Common Policy? The Calling into Question of the European Asylum System

Valentina CARLINO

“Solidarity is the glue that keeps our Union together. […] And when it comes to managing the refugee crisis, we have started to see solidarity. I am convinced much more solidarity is needed. But I also know that solidarity must be given voluntarily. It must come from the heart. It cannot be forced. We often show solidarity most readily when faced with emergencies.”

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