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International Journal of Constitutional Law - Volume 19, Issue 2, April 2021

International Journal of Constitutional Law – Volume 19, Issue 2, April 2021

International Journal of Constitutional Law - Volume 19, Issue 2, April 2021

International Journal of Constitutional Law

Volume 19, Issue 2, April 2021

ISSN: 1474-2640, EISSN: 1474-2659

Published in association with the New York University School of Law, I•CON is dedicated to advancing the study of international and comparative constitutional law in the broadest sense of the terms.

I•CON recognizes that the boundaries between the disciplines of “constitutional law”, “administrative law”, “international law” and their comparative variants have become increasingly porous. So too, there is no longer a distinct divide between law and political science. I•CON scholarship reflects and values this intellectual cross-fertilization.

I•CON‘s interests include not only fields such as Administrative Law, Global Constitutional Law and Global Administrative Law, but also scholarship that reflects both legal reality and academic perception; scholarship which, in dealing with the challenges of public life and governance, combines elements from all of these fields with a good measure of political theory and social science.

Featuring scholarly articles by international and constitutional legal scholars, judges, and people from related fields, such as economics, philosophy and political science, I•CON offers critical analysis of current issues, debates and global trends that carry constitutional implications.

CONTENIDO

Editorial
Editorial: The unequal impact of the pandemic on scholars with care responsibilities: What can journals (and others) do?; Guest Editorial: Constitutional innovations: Tackling incumbency advantage/abuse; In this issue

I•con Debate!
The personal is political: The feminist critique of liberalism and the challenge of right-wing populism
Gila Stopler

Right-wing populism, the reasonable, and the limits of ideal theory: A reply to Gila Stopler
Marcela Prieto Rudolphy

The bind of tolerance and a call to feminist thought: A reply to Gila Stopler
Frank Michelman

The political conception of the legal person: A reply to Gila Stopler
David Dyzenhaus

The feminist critique of liberalism and the challenge of right-wing populism: A reply to Gila Stopler
Amy Baehr

Rawls and right-wing populism— A qualified defense of the former: A reply to Gila Stopler
Jan-Werner Müller

Patriarchal populism: A rejoinder
Gila Stopler

Symposium: Ely in the World: The Global Legacy of Democracy and Distrust Forty Years On
Ely in the world: The global legacy of Democracy and Distrust forty years on
Rosalind Dixon, Michaela Hailbronner

Ely in New Zealand
Claudia Geiringer

Comparative constitutional adaptation: Democracy and distrust in the High Court of Australia
Rosalind Dixon, Amelia Loughland

A hole where Ely could be: Democracy and trust in South Africa
James Fowkes

Combatting malfunction or optimizing democracy? Lessons from Germany for a comparative political process theory
Michaela Hailbronner

Limited democracy and great distrust: John Hart Ely in Bolivia and Chile
Sergio Verdugo

John Hart Ely in the Mexican Supreme Court
Roberto Niembro Ortega

A broad read of Ely: Political process theory for fragile democracies
Manuel José Cepeda Espinosa, David Landau

Dialogue and distrust: John Hart Ely and the Canadian Charter
Geoffrey Thomas Sigalet

Symposium: Engagement with Rights in the Making of Counterterrorism Legislation
Engagement with rights in the making of counterterrorism legislation—Perspectives from three case studies: An introduction
Talya Steiner

The consideration of rights in the Israeli Counter-Terrorism Law
Lila Margalit

Non-judicial rights review of counterterrorism policies: The role of fundamental rights in the making of the counterterrorism database and the data retention legislation in Germany
Andrej Lang

Rights, proportionality, and process in EU counterterrorism lawmaking
Fiona de Londras, Jasmin Tregidga

The Arcana of Public Law
The mysterious meeting between Carl Schmitt and Josef Redlich
Or Bassok

Review Essay
How (not) to explain a democratic recession
Aziz Z Huq

Editors’ Choice of Books

Book Reviews: Women in Law
Gabriele Wadlig, Review of Gina Heathcote, Feminist Dialogues on International Law: Successes, Tensions, Futures

Blanca Rodriguez-Ruiz, Review of Paula A. Monopoli, Constitutional Orphan: Gender Equality and the Nineteenth Amendment

James Fowkes, Review of Julie C. Suk, We the Women: The Unstoppable Mothers of the Equal Rights Amendment

Elisabeth Perham, Review of Ruth Rubio-Marín and Helen Irving eds., Women as Constitution-Makers: Case Studies from the New Democratic Era

Book Reviews
Stijn Smet, Review of Günter Frankenberg, Authoritarianism: Constitutional Perspectives

Tarik Olcay, Review of Felix Petersen and Zeynep Yanaşmayan (eds.), The Failure of Popular Constitution Making in Turkey: Regressing Towards Constitutional Autocracy

Ver también

Nicolas Boeglin

Israel / Palestina: Asamblea General de Naciones Unidas adopta nueva solicitud de opinión consultiva a la Corte Internacional de Justicia (CIJ)

Nicolas Boeglin, Profesor de Derecho Internacional Público, Facultad de Derecho, Universidad de Costa Rica (UCR). …