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