1. Do Laws Have a Constitutional Shelf
Life? By Alli Orr Larsen, Posted on April 20, 2015.
An interesting question is posed about the
future of law that was relevant and rational when written but lost its value as
time and circumstances change by. Relying on a decided case, it is assessed
whether constitution gives the leeway to hold a law as expired, which was
constitutional when enacted.
2. Free Exercise by Moonlight, By Marc O. DeGirolami , Posted on March 30, 2015,
Issue of religious accommodation and free
exercise is the discussion in the background of two decided cases. Judicial
decisions are analyzed reflecting its impact on later judgments and current day
socio-political context.
3. New Institutional Mechanisms for
Making Constitutional Law, By Mark Tushnet , Posted on April 2, 2015.
This paper searches new modes of
constitution making beyond the traditional Constituent Assemblies and
Interpretation.
4. Constitutional Amendment by Stealth,
By Richard Albert , Posted on April 2, 2015.
In the context of Canada, the author argues
a method of constitutional amendment that is calculated and surreptitious. This
arguably is through a process of consciously creating new practices which
successors are forced to follow that eventually settles into constitutional
conventions. This leads to amend constitution without amending the text through
established procedure.
5. Constitutional Law: Critical and
Comparative, By Mark Tushnet, Posted on April 4, 2015.
An introduction essay to a volume of
studies by Latin American scholars of constitutional law and theory. The
scholars are reflecting on Tushnet’s works.
6. Elite Institutionalism and Judicial
Assertiveness in the Supreme Court of India, By Manoj Mate, Posted on April 19, 2015.
“This article examines judicial challenges
to central government power in the Supreme Court of India by analyzing activism
and assertiveness in fundamental rights decisions from 1977 to 2007. Based on
field research and contextual analysis of politically significant decisions,
the article traces patterns of judicial assertiveness in politically
significant fundamental rights decisions.”
7. Enabling Resistance: How Courts
Facilitate Departures from the Law and Why This May Not Be a Bad Thing, By Adam Shinar , Posted on, April 1, 2015.
The paper looks at constitutional
interpretation by administrative officers. Argues that departing from strict
letter of law for meeting certain contingencies is not all that bad.
8. The Supreme Court’s Power of
Judicial Review in Bangladesh: A Critical Evaluation, By Kawser Ahmed , April 16, 2015.
9. Global Standards of Constitutional
Law: Epistemology and Methodology, By Maxime St-Hilaire , Posted on April 24,
2015.
Author is on a pursuit to identify ‘global
standards for constitutional law’. The globalization of constitutional law has
oriented development of constitutional law towards best practices and setting
standards. Author calls this phase as “second order of legal positivity”.
10. Ethnic Rights and Constitutional
Change: The Constitutional Recognition of Ethnic Nationalities in Myanmar/Burma,
By Melissa Crouch , Posted on March 30, 2015.
11. But Names Will Never Hurt Me:
Extending Hate Speech Legislation to Protect Gender and Sexual Minorities in
New Zealand, By Vanessa Haggie, Posted on April 30, 2015.
The need to harmonize censoring of
expression to curb hate speech is the highlight of the paper.
12. Same Sex Marriage in Hong Kong: The
Case for a Constitutional Right, By Michael Ramsden and Luke Marsh , Posted on April 3, 2015.
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