Court-Centred Constitutionalism in an Emerging Democracy: Lessons from South Korea and the Impeachment Case of 2016/17

Court-Centred Constitutionalism in an Emerging Democracy:  Lessons from South Korea and the Impeachment Case of 2016/17

Constance LEE

In many respects, Park Geun-Hye’s impeachment saga of 2016/17 is just another piece of mounting evidence that the Constitutional Court is gaining status in the political life of South Korea. However, reservations regarding the role of the Court continue to be raised. Is the ‘judiciary’ exceeding its powers in determining issues of a political nature? Or is it simply an example of government posturing to validate majority decisions?  I propose an alternative perspective.

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

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

Tom Gerald DALY

Additions in the April Update include:

  • ·         New research worldwide from March and early April 2019

  • ·         A significant list of additions suggested by DEM-DEC Users

  • ·         A growing list of forthcoming research, and

  • ·         A list of resources recently added to the DEM-DEC Links section

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Conference Report–Global Constitutionalism: Asia-Pacific Perspectives

Conference Report–Global Constitutionalism: Asia-Pacific Perspectives

BUI Ngoc Son

Editor’s Note: this text is a cross-post from I·CONnect Blog where it was published on 10 April 2019. The original text can be viewed here.

On 28-29 March 2019, The Chinese University of Hong Kong Faculty of Law hosted a Symposium on “Global Constitutionalism: Asia-Pacific Perspectives.” The Symposium brought together a diverse group of scholars to discuss how polities in the Asia-Pacific region respond to the global spread of ideas and institutions of constitutionalism…

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Internationalized Constitutionality and the Rise of Judicial Despotism: How the International Community failed to build a Constitutional Court in Kosovo

Internationalized Constitutionality and the Rise of Judicial Despotism: How the International Community failed to build a Constitutional Court in Kosovo

Durim BERISHA

Nobody seems to have expected the so-called “sui generis” process of state-building in Kosovo would result in “sui generis” events and (mis)conceptions regarding fundamental issues of constitutionality and constitutional justice. Until now, almost all authors I have read praise the so-called internationalized constitutionality and constitutional justice in Kosovo. But these articles disregard the main issues with what has happened and is happening in Kosovo.

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The Globalization of Towering Judges

The Globalization of Towering Judges

Iddo PORAT

The purpose of my post is to situate the phenomenon of towering judges, discussed in the preceding posts, in a specific historical and global context. The context is the height of what I will call the liberal-cosmopolitan wave in global politics around the 1990s. Towering judges, I will argue, flourished during that period, and this ideological setting provided a background that was conducive to the formation of towering judges.

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Symposium: How Judge Eugenio Valenzuela Became a Towering Judge

Symposium: How Judge Eugenio Valenzuela Became a Towering Judge

Sergio VERDUGO

Iddo Porat and Rehan Abeyratne identify “three dimensions along which a judge may be towering – political, institutional and jurisprudential.” To become a towering figure, a judge should tower at least in one of those dimensions. They also briefly suggest that Eugenio Valenzuela – a judge that served in the Chilean Constitutional Court in the 1980s – was a political towering judge because he helped “to oust an autocratic regime.” Why does Judge Valenzuela fit that description?

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Chapter Summary: The dialogue between the ECHR and the Italian Constitutional Court: the saga of "GIEM and Others v Italy"

Chapter Summary: The dialogue between the ECHR and the Italian Constitutional Court: the saga of "GIEM and Others v Italy"

Iulia MOTOC

This chapter, recently published in the edited collection Intersecting Views on National and International Human Rights Protection: Essays in Honour of Guido Raimondi, discusses the background to the case of GIEM v Italy with a focus on the relationship between the Italian Constitutional Court and the European Court of Human Rights.

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Basic Law – Nation and Occupation in Israel: Part 2

Basic Law – Nation and Occupation in Israel: Part 2

Aeyal Gross

Editors’ Note: As Israel’s general elections on 9 April draw close, this two-part post by Aeyal Gross discusses two issues: (i) the critical change in Israel’s constitutional development occasioned by two recent legislative measures  (one enacted, one still a Bill); and (ii) the gap between the discussion of constitutional changes in Israel and the elephant in the room—the occupation. Part 1 was published on 27 March and is available here. We welcome responses to these posts.

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Symposium: Chief Justice Arthur Chaskalson as a Towering Judge: Shaping the law in democratic South Africa

Symposium: Chief Justice Arthur Chaskalson as a Towering Judge: Shaping the law in democratic South Africa

Dennis DAVIS

An appointment as the first head of a newly established Constitutional Court for a democratic South Africa may constitute a necessary but certainly is not a sufficient condition for classification as a towering judicial figure. By towering judicial figure, I mean a judge who dominates the legal field, who carves out a body of jurisprudence that shapes the law in the country for decades after his or her retirement while ensuring the institutional independence and integrity of the judiciary.

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Basic Law – Nation and Occupation in Israel: Part 1

Basic Law – Nation and Occupation in Israel: Part 1

Aeyal GROSS

Editors’ Note: As Israel’s general elections on 9 April draw close, this two-part post by Aeyal Gross discusses two issues: (i) the critical change in Israel’s constitutional development occasioned by two recent legislative measures  (one enacted, one still a Bill); and (ii) the gap between the discussion of constitutional changes in Israel and the elephant in the room—the occupation. Part 2 will be published on 29 March. We welcome responses to these posts.

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The Constitutional Rupture on Trial

The Constitutional Rupture on Trial

Argelia QUERALT JIMENEZ

Editors’ note: In 2017 Catalonia experienced a crisis following the independence referendum and unilateral declaration of independence from Spain (previously debated on this blog here and here). Criminal trials of Catalan separatist leaders are currently underway: we gather two diverging perspectives on these trials from Argelia Queralt Jiménez and Mireia Grau Creus.

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States Reactions in Turbulent Times and the Erosion of the Rule of Law: The Trial of the Catalan Pro-Independence Leaders

States Reactions in Turbulent Times and the Erosion of the Rule of Law: The Trial of the Catalan Pro-Independence Leaders

Mireia GRAU CREUS

Editors’ note: In 2017 Catalonia experienced a crisis following the independence referendum and unilateral declaration of independence from Spain (previously debated on this blog here and here). Criminal trials of Catalan separatist leaders are currently underway: we gather two diverging perspectives on these trials from Argelia Queralt Jiménez and Mireia Grau Creus.

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Symposium: A Foundational, not Towering, Judge

Symposium: A Foundational, not Towering, Judge

Mara MALAGODI

Dramatic political circumstances may give rise to a particular type of towering judicial figures. An explosive context has the potential to trigger a sort of “fight or flight” judicial response; thus, those judges who demonstrate the resilience, confidence, and moral integrity to stand their ground amidst cataclysmic events and political storms represent a subset of heroic judges.

See the full post on our Symposium Partner, the ICONnect Blog: here

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Symposium: Chief Justice Barak’s Legal Revolutions and What Remains of Them: The Authoritarian Abuse of the Judicial-Empowerment Revolution

Symposium: Chief Justice Barak’s Legal Revolutions and What Remains of Them: The Authoritarian Abuse of the Judicial-Empowerment Revolution

Alon HAREL

Much has been written in Israel about the constitutional or, more broadly, the legal revolution instigated to a large extent by the retired, highly influential, Chief Justice Aharon Barak whose name has become identified with the new Israeli jurisprudence. In recent years however, some theorists have been talking about the counter-revolution.

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Symposium: Judicial Minimalism as Heroic: Chief Justice Chan Sek Keong, Singapore’s Unlikely Towering Judge

Symposium: Judicial Minimalism as Heroic: Chief Justice Chan Sek Keong, Singapore’s Unlikely Towering Judge

Jaclyn NEO & Kevin TAN

Judges can only ‘tower’ in environs where appropriate opportunities exist for them to do so. For that reason, they are more likely to be found in common law than civil law jurisdictions. They are also more likely to emerge in younger jurisdictions where the law is less settled or where local conditions require a significant departure from the established judicial canons. On that score, a towering judge should have emerged in Singapore a long time ago…

See the full post on our Symposium Partner, the ICONnect Blog: here

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