样式: 排序: IF: - GO 导出 标记为已读
-
Out of the shadows: Illuminating the distinctiveness and exceptional use of interim constitutions Int. J. Const. Law (IF 1.419) Pub Date : 2024-03-20 Leena Grover
Around the world, interim (temporary) constitutions are enacted as bridges to peace and democracy, expected to deliver fragile societies from conflict and authoritarian rule. Despite their growing use in recent years, their legal examination has to date largely been relegated to liminal spaces in existing bodies of scholarship, which variously conceive of them as constitutions, peace agreements, hybrid
-
Secession from and secession within the European Union: Toward a holistic theory of secession Int. J. Const. Law (IF 1.419) Pub Date : 2024-03-09 Pau Bossacoma Busquets
After presenting some convergent tendencies and eclectic approaches to moral theories of secession in light of some practical applications of these theories, the article outlines the constitutional landscape on the regulation of secession and analyzes the legal right to withdraw from the European Union, arguing that this right to secede from the Union helps to justify a right to secede from EU member
-
The consensus-clarifying role of deliberative mini-publics in constitutional amendment: A reply to Oran Doyle and Rachael Walsh Int. J. Const. Law (IF 1.419) Pub Date : 2024-03-08 Eoin Carolan, Seána Glennon
Oran Doyle and Rachael Walsh’s article “Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy” is a welcome addition to the literature on Ireland’s efforts to integrate deliberative citizen-involved structures into its constitutional amendment process. We agree that the Citizens’ Assembly on abortion played a role in shaping the legal position
-
Assessing the influence and legitimacy of citizen deliberation on abortion: A rejoinder to Eoin Carolan and Seána Glennon Int. J. Const. Law (IF 1.419) Pub Date : 2024-03-08 Oran Doyle, Rachael Walsh
This article responds to the two key arguments presented by Eoin Carolan and Seána Glennon in their reply to our article: that the Citizens’ Assembly on abortion had a “consensus-clarifying” function rather than a “consensus-building” function in respect of the Irish constitutional amendment on abortion in 2018; and that participation in deliberative mini-publics should be compulsory, like jury service
-
Judicial self-empowerment and unconstitutional constitutional amendments Int. J. Const. Law (IF 1.419) Pub Date : 2024-02-26 Nicola Tommasini
In the context of global judicial aggrandizement, many courts have developed and accepted the unconstitutional constitutional amendments doctrine. However, with the exception of some case studies, there is little comparative scholarship on the causes of judicial expansion in this area. This article addresses this gap by examining the development of the power to review amendments in three constitutional
-
Ninguna ley superior: El plebiscito uruguayo de 1980 como constituyente fallidoNo higher law: The Uruguayan Plebiscite of 1980 as a failed constituent moment Int. J. Const. Law (IF 1.419) Pub Date : 2024-02-17 Andrea Scoseria Katz
On November 30, 1980, the people of Uruguay were called on to vote on a new constitution whose objective was to legalize the military dictatorship that had ruled Uruguay since 1973. The proposed constitution would reestablish elections, political parties and an independent judiciary, but all subject to overrule by the National Security Council (COSENA), the junta of military leaders that acted as the
-
El proceso constituyente en Islandia: Un caso de éxito sin final feliz Int. J. Const. Law (IF 1.419) Pub Date : 2024-02-09 Rafael Rubio Núñez
The drafting of the new constitution in Iceland has been the subject of numerous studies. Most of them highlight the success of the initiative, pointing to the set of innovative mechanisms incorporated into the process. However, we cannot ignore that the process did not achieve its goal of changing the Constitution. The reasons, which can serve as lessons for other processes of this nature, can be
-
Populismo constituyente, democracia y promesas incumplidas: el caso de la Convención Constitucional Chilena (2021-2022)Constituent Populism, Democracy, and Failed Promises: The Case of the Chilean Constitutional Convention (2021-2022) Int. J. Const. Law (IF 1.419) Pub Date : 2024-02-06 Samuel Issacharoff, Sergio Verdugo
Mechanisms of popular participation, such as constitutional conventions and citizen assemblies, emerge as a near-universal canon of every political discussion on how constitutions should change. This article offers a cautionary approach to the way these participatory mechanisms work in constitution-making. In democratic contexts including populist narratives and representative institutions functioning
-
Why rights should not be considered (entirely) constricted and why identities are not exactly imagined: A reply to Alma Begicevic and Jennifer Balint Int. J. Const. Law (IF 1.419) Pub Date : 2024-02-01 Maja Sahadžić
In their recent article “Constricted Rights and Imagined Identities: Peace and Accountability Processes and Constitution-Making in Bosnia and Herzegovina,” Alma Begicevic and Jennifer Balint argue that underlying reasons for the seemingly sudden establishment of the complex constitutional arrangements in Bosnia and Herzegovina (BH) are associated with the abrupt adoption of the Dayton Peace Agreement
-
The Judicial Committee of the Privy Council, constitutional interpretation, and the right to same-sex marriage Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-29 Derek O’Brien
The recent judgments of the Judicial Committee of the Privy Council (JCPC) in Day and Another v. Government of the Cayman Islands, and Attorney General for Bermuda v. Ferguson and Others, upholding the constitutionality of laws limiting marriage to opposite-sex couples in Bermuda and the Cayman Islands, respectively, have disrupted a consensus that had been emerging amongst constitutional courts in
-
El rol de la Suprema Corte de Justicia ante la judicialización de la salud en Uruguay. Aportes para la descripción de la cultura jurídica uruguayaThe Role of the Supreme Court of Justice in the judicialization of healthcare in Uruguay. Contributions to the description of Uruguayan legal culture Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-29 Florencia Antía, Lucía Giudice Graña, Daniela Vairo
In the last 15 years, Uruguay has witnessed a process of judicialization of health care, carried out through litigation by hundreds of plaintiffs demanding access to high-cost medicines (HCMs) and challenging the constitutionality of laws regulating them. The case of Uruguay is interesting and informative because judicialization is occurring in a country with a comparatively robust health system and
-
¿Cómo pueden fracasar los procesos constituyentes?How can constitution-making processes fail? Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-23 Sergio Verdugo, Marcela Prieto
This introduction to the symposium presents some preliminary insights on the constitution-making literature, identifies some of the gaps in the field, explains the purposes of the symposium, and provides an overview of all the symposium contributions.
-
Una cuestión de desconfianza: La consagración de disposiciones constitucionales altamente específicasA question of distrust: The drafting of highly specific constitutional provisions Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-20 Matías Guiloff, Gonzalo Mellado
The purpose of this article is to analyze the role played by distrust as a determinant of the level of specificity of constitutional clauses. It is argued that, as with other mechanisms, such as qualified legislation, very detailed constitutional clauses are explained by the level of trust or distrust that the drafters have in the bodies that will implement them (the legislature, administrative agencies
-
Constricted rights and imagined identities: Peace and accountability processes and constitution-making in Bosnia and Herzegovina Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-16 Alma Begicevic, Jennifer Balint
This article takes an interdisciplinary law-in-context approach to examine the nature of constitutionalism in Bosnia and Herzegovina. We argue that while the new constitution was necessary for implementing the postwar democratic transition and rebuilding processes, its fixed ethno-religious collective political identities achieved between 1992 and 1995 by forceful means have further reinforced ethno-territorial
-
LGBT+ rights claims for marriage equality and the possibilities of transforming Indian family law Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-08 Akshat Agarwal
The Indian Supreme Court decriminalized homosexuality in 2018 and recognized the equal constitutional citizenship of LGBT+ Indians. Since then, several petitions seeking marriage equality have been filed before Indian courts. In parallel, critics have argued that traditional approaches to LGBT+ equality ignore problematic family law institutions, and have stressed the need to think beyond legal inclusion
-
El proceso constituyente de Bachelet en Chile (2015-2018): razones de un fracaso (previsible)Bachelet’s constitution-making process in Chile (2015-2018): reasons for a (foreseeable) failure Int. J. Const. Law (IF 1.419) Pub Date : 2024-01-05 Miriam Henríquez Viñas, José Francisco García
This essay contributes to the increasing comparative constitutional law literature that has been examining constitution-making failure, the factors that explains it, and the possibility of obtaining valuable lessons for the design of future processes. For this purpose, it examines the Chilean constitution-making process of 2015-2018, led by former President Michelle Bachelet. The article shows that
-
El proceso constituyente español de 1873: origen y fracaso de la República Federal Int. J. Const. Law (IF 1.419) Pub Date : 2023-12-09 Elia Marzal Yetano
The Spanish constitutional project of 1873 was intended to lay the foundations of the First Spanish Republic, whose proclamation took place in the context of the abdication of King Amadeo I to the throne. In this article I approach the analysis of the constituent process from a double perspective. On the one hand, that of the methodological rule of the possibility principle, which requires the project
-
Constitucionalismo fuerte y democracia deliberativa: Inconsistencias en Rawls, Dworkin, y AlexyStrong constitutionalism and deliberative democracy: Inconsistencies in Rawls, Dworkin, and Alexy Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-27 C Ignacio Giuffré
In the current context, strong constitutionalism is further challenged by the objections to judicial review and the deliberative turn of democracy. Despite the potential of both caveats, the problem is that a juricentric and juristocratic constitutionalism has globally expanded. The paper’s argument is that there is an inconsistency in some theories that—at the democratic level—start from a deliberative
-
Fuentes normativas y desarrollo jurisprudencial del derecho humano al agua en América Latina Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-25 Rodrigo Castillo Jofré, Amaya Álvez-Marín, Gabriela G B Lima Moraes
This paper reviews international and domestic normative and jurisprudential sources of the last twenty years on the Human Right to Water (HRW), focusing the study on Latin American countries that do not have this right expressly enshrined in their constitutional texts, especially Colombia, Argentina, Brazil, and Chile. It analyzes the arguments used in its recognition, the elements of its structure
-
Federal exceptionalism and constituent power: Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-21 Nicholas Aroney, Erin F Delaney, Stephen Tierney
Sergio Verdugo makes a powerful and cogent attack on constituent power. Nevertheless, we ask whether he has rushed to judgment in concluding the theory has outlived its usefulness, as he fails to take into consideration the complexities federation might introduce. In this Afterword, we present an argument for why the federal form might encourage or require a reconceptualization or reevaluation of constituent
-
A dialogical model of human rights adjudication Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-21 Julen Etxabe
This article presents the contours of a “dialogical model” of adjudication arising from the practice of the European Court of Human Rights that is profoundly transforming inherited notions of rights, legal reasoning, legal authority, and the rule of law more generally. The dialogical model is characterized by a form of reasoning that is not self-reliant or autonomous, but internally constituted by
-
The undiminished constituent: Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-21 Emilios Christodoulidis
This Afterword is a response to Sergio Verdugo’s Foreword. It provides a defense of the notion of constituent power as a necessary element of the constitutional imaginary and ineradicable dimension of any credible account of democratic constitutionalism. It takes issue with what Verdugo identifies as the ‘conventional’ approach to constituent power, and argues that the collapse of constituent power
-
Constitutionalizing conflict: Beyond constituent power—Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-21 Christine Bell
This Afterword affirms Verdugo’s thesis that the concept of “constituent power” is not helpful to evaluating the legality or legitimacy of constitutional replacement moves, drawing on experience of how constitutional revisions are fashioned to attempt to end violent intrastate conflict. I sketch an alternative approach to that of constituent power reasoning for evaluating the legality and legitimacy
-
Is it time to abandon the theory of Democracy? The problem with the people: Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-21 Ana Micaela Alterio
Sergio Verdugo’s provocative Foreword challenges us to think about whether the concepts we inherited from classical constitutionalism are still useful for understanding our current reality. Verdugo refutes any attempt to defend what he calls “the conventional approach to constituent power.” The objective of this article is to contradict Verdugo’s assertions which, the Foreword claims, are based on
-
Too soon to know: Exploring the conditions of existence of the constituent power—Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-20 Graziella Romeo
This Afterword takes up the challenge presented by Sergio Verdugo’s Foreword and explores how Costantino Mortati formulated the concept of material constitution to address the questions raised by both Verdugo and proponents of constituent power theory. This Afterword contends that the material constitution tackles the problem of the socio-political foundations of the constitutional regime without falling
-
Constituent power: From Schmitt to Kantorowicz—Afterword to the Foreword by Sergio Verdugo Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-07 Lior Barshack
In his Foreword, Sergio Verdugo presents Schmitt’s account of constituent power as the conventional understanding of this concept. At the same time, he shows that Schmitt’s views are contested and hardly accepted as a matter of convention. Verdugo’s critiques of constituent power are leveled mainly against Schmitt’s (“conventional”) understanding of the concept. If Schmitt’s account is relaxed, various
-
Control and paralysis? A context-sensitive analysis of objections to supermajorities in constitutional adjudication Int. J. Const. Law (IF 1.419) Pub Date : 2023-11-07 Mauro Arturo Rivera León
Supermajorities in judicial review are present in several countries, including the United States (at the state level), Mexico, Peru, the Czech Republic, Chile, and South Korea. Despite their prevalence, the theoretical legitimacy of supermajorities has been a topic of intense debate since the early twenty-first century. A notable gap exists between this theoretical discourse and empirical research
-
Can the people exercise constituent power? Int. J. Const. Law (IF 1.419) Pub Date : 2023-08-25 George Duke
Contemporary constitutional theorists sometimes use the phrase “the constituent power of the people” in a way that is, on closer examination, ambiguous. It could mean that the people is the bearer of constituent power, that the people exercises constituent power, or both. This article examines this pivotal, yet rarely explicitly thematized, distinction internal to the concept of constituent power and
-
Route 66: Mutations of the internal market explored through the prism of citation networks Int. J. Const. Law (IF 1.419) Pub Date : 2023-08-18 Urška Šadl, Lucía López Zurita, Sebastiano Piccolo
The article rethinks the mutation of the internal market, charting its metamorphosis from a free trade area to a maze of common policies. It examines the case law of the European Court of Justice from a novel, structural perspective which uses community detection techniques to shed new light on this amply theorized process. The analysis reveals an irreversible shift in the method of integration, from
-
Parallel incorporation and public law Int. J. Const. Law (IF 1.419) Pub Date : 2023-08-06 Andrew Edgar, Kevin M Stack
Over the past fifty years, domestic regulators have turned to standards developed by private organizations as a means of complying with international law commitments to eliminate barriers to trade. What impact does this phenomenon of parallel incorporation, in which regulators in different countries incorporate the same private standards, have on domestic administrative law and public law? Through
-
Constitutional framings of the right to abortion: A global view Int. J. Const. Law (IF 1.419) Pub Date : 2023-06-14 Anna Śledzińska-Simon
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
-
Trans parents and the gendered law: Critical reflections on the Swedish regulation Int. J. Const. Law (IF 1.419) Pub Date : 2023-06-12 Daniela Alaattinoğlu, Alice Margaria
Sweden has attracted international attention for its 2018 legislative provisions which recognize trans parenthood in line with legal gender. This legislation provides that a trans man who gives birth is registered as his child’s father in Sweden, unlike in most countries of the world. This article offers an original engagement with the genesis, peculiarities, and future of the revised Swedish Children
-
Introduction: Trans identities and the law Int. J. Const. Law (IF 1.419) Pub Date : 2023-06-02 Daniela Alaattinoğlu, Alice Margaria, Stefano Osella
This Symposium offers a critical exploration of how the identities of trans people are translated, recognized, and considered in the law. In so doing, it sheds light on the often-difficult coexistence between the lived experiences of trans people and their legal regulation. The main argument that the Symposium advances is that multiple structural—legal, social, and cultural—factors influence the evolution
-
Trans reproduction: Continuity, cis-normativity, and trans inequality in law Int. J. Const. Law (IF 1.419) Pub Date : 2023-06-02 Anniken Sørlie
In recent years, increasing numbers of jurisdictions are abolishing sterilization requirements for legal gender recognition and are introducing self-declared change of legal gender. The abolition of this requirement leads to a change in the reproductive capacities of legal men and legal women, enabling legal men to become pregnant and to give birth, and legal women to beget children. The change in
-
Unsexing citation: Closing the gender gap in global public law Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-31 Rosalind Dixon, Mila Versteeg
Gender equality matters in the global public law academy for at least three reasons: the production of diverse scholarship, and substantive equality of opportunity for, and the equal exercise of social power by, female-identifying scholars. And while the global public law academy is in many ways becoming more diverse and inclusive, a great deal of work remains to be done to achieve true gender equality
-
Gender recognition at the crossroads: Four models and the compass of comparative law Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-22 Stefano Osella, Ruth Rubio-Marín
The article explores the different constitutional developments of the right to gender recognition and discusses their potential to protect trans and nonbinary people. Focusing on a few selected jurisdictions, each incarnating a specific kind of recognition system, it also proposes a conceptual map to understand and identify the different shapes of such a right. The article argues that four types of
-
Gender identity in the era of mass incarceration: The cruel and unusual segregation of trans people in the United States Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-22 Federica Coppola
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
-
The interaction of human rights and religion in Africa’s sexuality politics Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-21 Kapya Kaoma
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
-
Antiabortion legal mobilization in Brazil: Human rights as a field of contention Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-21 Marta R de Assis Machado
This article analyzes the legal strategies used by the Brazilian antiabortion movement, observing its frames and argumentative strategies. It contextualizes the importance of the antiabortion movement within the recent conservative wave, as the movement had recently undergone a process of renewal, becoming one of the support bases for right-wing populist President Jair Bolsonaro’s government. The new
-
Appropriation and the rewriting of rights Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-20 Jayne Huckerby, Sarah Knuckey
The protective reach of human rights has expanded over time. However, some have argued that this expansion constitutes illegitimate rights inflation, and for some conservative stakeholders, the modern development of rights has been at odds with their positions on issues such as reproductive rights and marriage equality. Against this backdrop, the Trump Administration launched the Commission on Unalienable
-
Constitutional parasitism, camouflage, and pretense: Shaping citizenship through subterfuge Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-03 Farrah Ahmed
Constitutional rights or values are sometimes used by governments to disguise, mask, or misdirect attention from the true nature of their actions. Such strategies of subterfuge are, by their nature, difficult to identify and prove. This article responds to the challenge of identifying and proving subterfuge by demonstrating three types of strategies of subterfuge governments may deploy. To that end
-
Traditional values, family, homeschooling: The role of Russia and the Russian Orthodox Church in transnational moral conservative networks and their efforts at reshaping human rights Int. J. Const. Law (IF 1.419) Pub Date : 2023-05-03 Kristina Stoeckl
In the last two decades, Russian state actors and the Russian Orthodox Church have come to play an increasingly important role in the undermining of established understandings of international human rights law by reinterpreting its aims and repurposing its institutions, in particular the Universal Declaration of Human Rights, the United Nations Human Rights Council, and the European Court of Human
-
Continuity and change in human rights appropriation: The case of Turkey Int. J. Const. Law (IF 1.419) Pub Date : 2023-04-19 Başak Çalı, Esra Demir-Gürsel
This article analyzes the political and legal dynamics of continuity and change in the appropriation of human rights in Turkey against the backdrop of growing authoritarian practices. Human rights appropriation in Turkey has traditionally focused on the interpretation of human rights favoring national security and secular sensibilities to determine who has human rights and to what extent. The recent
-
Introducción: Los entes autónomos en el derecho constitucional latinoamericano Int. J. Const. Law (IF 1.419) Pub Date : 2023-03-17 Luis Eugenio García-Huidobro, Sebastián Guidi
This introduction provides an overview of the concept and role of independent authorities in comparative public law, with a particular emphasis on Latin America. First, we outline an idea of these institutions and examine how they have assumed critical responsibilities traditionally allocated to one of the three branches of government. We also explore their role in protecting constitutional democracy
-
El Tribunal de Cuentas de la Unión brasilero: una institución muy peculiar Int. J. Const. Law (IF 1.419) Pub Date : 2023-03-08 Eduardo Jordão, Juliana Palma
Created in 1890, the Tribunal de Contas da União (TCU) is today one of the most relevant institutions in the Brazilian State. This article explains how the TCU became this very particular institution, from its historical origins as a simple court of accounts to its efforts to differentiate itself from this model and gain other (many) powers, reshaping itself. In the end, we present a synthesis of the
-
Salud postpandemia: influencia supranacional y coordinación regulatoria Int. J. Const. Law (IF 1.419) Pub Date : 2023-03-08 Ximena Benavides Reverditto
The dominant position of the U.S. Food and Drug Administration (FDA) as the most influential regulator in the world has been particularly salient during the COVID-19 pandemic, in the context of COVID-19 vaccines’ emergency use authorizations. In the context of adjustment toward a post-COVID-19 regulatory order of harmonization for medicines approval, this essay proposes a critical reflection about
-
Repensando los préstamos constitucionales: un análisis crítico del uso de materiales foráneos desde la experiencia argentina Int. J. Const. Law (IF 1.419) Pub Date : 2023-03-02 Matías Toselli
On regular basis, courts borrow foreign legal materials when deciding constitutional issues. In many countries, including Argentina, this practice is rarely contested. Within this framework, this paper is focused on studying legal borrowings in order to systematize them and highlight their potential risks. Considering Argentine jurisprudence, the article proposes a classification of the uses of foreign
-
A double-edged sword: Constitutional dialogue confined Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-23 Bell E Yosef
Dialogic judicial review is a dialectic interaction between supreme courts and legislatures regarding the constitutionality of legislation, in which each institution preserves its constitutional authority, and yet performs it while considering the other institution’s stance and its ability to respond. This interaction is based on reciprocity and upon the contribution of both institutions to the constitutional
-
Constituting the negative globality of fear Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-23 Günter Frankenberg
This Editorial Reflection traces the global proliferation of pandemic fears and follows them through psychological theories as well as legal measures of infection control. Pandemic fears are included in the controversial discussion on how laws and constitutions (should) protect freedom in a pandemic and how the fear of contagion and the insecurity triggered by infection protection measures reinforce
-
Taming the exception? Lessons from the routinization of states of emergency in France Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-23 Stéphanie Hennette Vauchez
This article examines a particular version of contemporary threats to the rule of law: the routinization of emergency powers. Although the global response to the pandemic since 2020 has certainly epitomized the sudden infatuation with states of emergency (SOEs), they have a longer history of becoming a new model of government that has come to saturate our contemporary political horizon, as every crisis
-
El estado constitucional mexicano: una constelación de autonomías Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-20 Pedro Salazar Ugarte
This article describes the emergence, evolution, and current crisis of autonomous constitutional bodies in Mexico. To this end, it begins by portraying the context in which they emerged, emphasizing four fundamental elements that explain and situate them historically and politically. It then describes certain distinctive features of these bodies and how they represent a change in Mexican constitutional
-
Las agencias reguladoras independientes y sus desafíos de legitimidad democrática: revisión de literatura y agenda para el derecho constitucional en Latinoamérica Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-20 Indira Latorre
The Anglo-Saxon and European literature usually presents independent regulatory agencies as institutions capable of solving some of the problems of constitutional democracies and of satisfying the objectives of the so-called regulatory state. It also shows the presence of some problems, which I call constitutional ruptures, caused by the actions of independent regulatory agencies both at the domestic
-
The concept of coup d’état under stifling stress: Legal theory’s political-science–based response Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-06 Franz Xavier Barrios-Suvelza
The resignation of the Bolivian President Morales in November 2019 has sparked an international polemic over whether a coup d’état took place. This article concludes that the assumption of a coup d’état would be misleading. The problems faced by the Bolivian case stem not only from the lax manner in which scholars have gathered facts, but also from the fact that the concept of coup may have reached
-
El nombramiento de las autoridades independientes. Lecciones a partir de la experiencia española y europea Int. J. Const. Law (IF 1.419) Pub Date : 2023-02-04 Sara Alemán Merlo, Josep Mª Castellá Andreu
This analysis focuses on the system of appointments of independent authorities as a key to their proper functioning within the democratic constitutional state, based on the Spanish experience and bearing in mind the particularities of the European constitutional context in which these institutions are rooted. To this end, we first refer to the premises underlying the creation of the various authorities
-
Desde el neoliberalismo austericida de Europa hacia la reconstrucción social en España: propuestas para la reforma constitucional Int. J. Const. Law (IF 1.419) Pub Date : 2023-01-30 Carmen Montesinos Padilla
More than a decade after the start of the eurozone crisis, the coronavirus in Spain has brought back the idea of constitutional reform in social rights. The paradigm shift that occurred with the arrival of the pandemic is hardly questionable. From the austerity promoted by European institutions and assumed by national authorities in the face of the 2008 financial crisis, we have recently moved on to
-
Constitutionalizing care: How can we expand our constitutional imaginary after Covid-19? Int. J. Const. Law (IF 1.419) Pub Date : 2022-11-17 Jaclyn L Neo
The Covid-19 pandemic has no doubt caused serious disruptions to lives across the globe. These range from minor inconveniences to major consequences to personal, social, political, economic, and constitutional aspects. With the pandemic still present but its biggest effects waning, this framing article for our symposium on Covid-19 seeks to address the question of whether constitutional law should
-
Assessing the impact of Covid-19 on teaching and research: A Ghanaian perspective Int. J. Const. Law (IF 1.419) Pub Date : 2022-11-17 Gertrude Amorkor Amarh
The Covid-19 pandemic in diverse ways affected the traditional modes of instruction and learning at all levels of education. Prominent among the innovations necessitated by the pandemic was the increased use of virtual methods of teaching and learning. For many learners and instructors in parts of the world, however, expensive internet data costs, lack of digital learning tools, and similar other challenges
-
Between predictability and perplexity Int. J. Const. Law (IF 1.419) Pub Date : 2022-11-17 Marcela Prieto Rudolphy
This article focuses on the relationship between academia, the gendered division of labor, and the pandemic. After briefly canvassing preliminary research about the effects of the pandemic on academic women, it discusses the gendered division of caregiving responsibilities, both inside the family and in academic institutions. Through the lens of feminist theory, the article aims to understand what
-
Between two worlds: Personal reflections from Slovenia and Spain on the Covid-19 pandemic Int. J. Const. Law (IF 1.419) Pub Date : 2022-11-17 Jernej Letnar Černič
The global Covid-19 pandemic has disrupted the private, family, and professional lives of individuals worldwide. This article discusses its impact on constitutional values in Slovenia and Spain, drawing primarily on my personal experiences. In the past two years, individuals in both countries have suffered greatly due to the pandemic. Millions lost their lives, whereas many continue to suffer the long-term
-
“Un-disabled by Covid”: Reflections of a (usually disabled) socio-legal scholar Int. J. Const. Law (IF 1.419) Pub Date : 2022-11-17 Clare Williams
We have all been disabled by Covid: routines interrupted, interactions curtailed, access denied. For many, this was new and troubling. For some, though, like me, this was normal life. Charting two years of intermittent lockdowns due to Covid and the remote working practices that emerged, this article chronicles my experiences as a (usually) disabled socio-legal scholar who found themselves included