The Canadian “Notwithstanding“ or “override“ has enjoyed significant scholarly discussion and some name caling: from the “bête noire of Canadian constitutional politics“ to “poison pill“ (CJ Barak in Israel). While in Canada the override preserves the provinces / federation balance, in Israel the override is purely a matter of the last word in judicial review:...
Rethinking Constitutional Law
A dialogue was developed between Calabresi, Ackerman and Skach regarding the most successful separation of powers model. Calabresi argued in favor of USA’s presidential system, Ackerman supported constrained parliamentarism and Skach recognized the popularity of the semi-presidential.Recently, Gardbaum inspired by the work of Levinson/Pildes demonstrated that the separation/fusion between the executive-legislature depends on the political...
South African President Zuma‘s contribution to the constitutional jurisprudence
South Africa‘s President Zuma has contributed significantly to the growth and development of the country‘s constitutional jurisprudence. Since taking office in 2009, there have been numerous constitutional cases decided by various courts against him both personally and as a president. Three recent judgments are particularly worth noting since they have changed the way we understand...
Walking with ‘the Quran in one hand and the Constitution in the other‘: The Islamic Women‘s Movement in India and Landscapes of Adjudication
This paper charts the landscapes of adjudication by the Indian Supreme Court by closely interrogating primarily two cases, Shah Bano v Union of India and Shayara Bano v Union of India to understand if religion and constitutionalism can speak to each other and if they are constitutive of each other. Recent studies have indicated the...