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2016 Global Review of Constitutional Law

I-CONnect–Clough Center collaboration.

2016 Global Review of Constitutional

I·CONnect-Clough Center 2016 Global Review of Constitutional Law Richard Albert, David Landau, Pietro Faraguna and Simon Drugda Editors

  • Page 2 and 3: © 2017 I•CONnect Electronically
  • Page 4 and 5: 2 | I•CONnect-Clough Center INTRO
  • Page 6 and 7: A PARTNERSHIP IN SUPPORT OF CONSTIT
  • Page 8 and 9: COUNTRY REPORTS 6 | I•CONnect-Clo
  • Page 10 and 11: DEVELOPMENTS AND CONTROVERSIES IN 2
  • Page 12 and 13: her detention was unlawful because
  • Page 14 and 15: Austria DEVELOPMENTS IN AUSTRIAN CO
  • Page 16 and 17: The Austrian Constitutional Court h
  • Page 18 and 19: e promoted by the child itself. The
  • Page 20 and 21: HCD has jurisdiction to enforce fun
  • Page 22 and 23: majority and only on the ground of
  • Page 24 and 25: Belgium DEVELOPMENTS IN BELGIAN CON
  • Page 26 and 27: subjected to torture or inhuman or
  • Page 28 and 29: Judgment No. 72/2016 7 - Combat of
  • Page 30 and 31: nary appeals account for the vast m
  • Page 32 and 33: Based on that majority opinion, the
  • Page 34 and 35: Bulgaria DEVELOPMENTS IN BULGARIAN
  • Page 36 and 37: DEVELOPMENTS AND CONTRO- VERSIES IN
  • Page 38 and 39: The Office of the Prosecutor thus s
  • Page 40 and 41: that formally partitioned Cameroon
  • Page 42 and 43: sigence of the regime and galvanise
  • Page 44 and 45: Commonwealth Caribbean DEVELOPMENTS
  • Page 46 and 47: How homosexuality is treated by the
  • Page 48 and 49: practice’ in order to check wheth
  • Page 50 and 51: constitution-making debate, the CC
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    The idea of constitutional dialogue

  • Page 54 and 55:

    Cyprus DEVELOPMENTS IN CYPRIOT CONS

  • Page 56 and 57:

    The three Greek Cypriot members of

  • Page 58 and 59:

    secondary legislation in which the

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    topic. It is the classic dilemma of

  • Page 62 and 63:

    IV. 2. Freedom of Expression of Jud

  • Page 64 and 65:

    Finland DEVELOPMENTS IN FINNISH CON

  • Page 66 and 67:

    ights impact assessments 12 and the

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    automatic processing and where ther

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    laws of the Republic,” principles

  • Page 72 and 73:

    Conseil quashed several provisions

  • Page 74 and 75:

    Germany DEVELOPMENTS IN GERMAN CONS

  • Page 76 and 77:

    warning. The FCC took the CJEU’s

  • Page 78 and 79:

    ect investment and foreign portfoli

  • Page 80 and 81:

    into force of the Fourth Amendment

  • Page 82 and 83:

    that the ongoing discussion of the

  • Page 84 and 85:

    Iceland DEVELOPMENTS IN ICELANDIC C

  • Page 86 and 87:

    President had been within the bound

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    as evidenced by a number of earlier

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    Directive Principles, which were co

  • Page 92 and 93:

    forced display of the National Flag

  • Page 94 and 95:

    CONCLUSION The Supreme Court seemed

  • Page 96 and 97:

    ality in the absence of a concrete

  • Page 98 and 99:

    The Electricity III case (Decision

  • Page 100 and 101:

    Ireland DEVELOPMENTS IN IRISH CONST

  • Page 102 and 103:

    ment to delay addressing an issue o

  • Page 104 and 105:

    structure it contemplates”. The C

  • Page 106 and 107:

    territory in 2009. 1 In 2015, the g

  • Page 108 and 109:

    HCJ 232/16 The Movement for Quality

  • Page 110 and 111:

    Italy DEVELOPMENTS IN ITALIAN CONST

  • Page 112 and 113:

    The ICC’s mind-set toward this ph

  • Page 114 and 115:

    uum, and that the legal position of

  • Page 116 and 117:

    Kenya DEVELOPMENTS IN KENYAN CONSTI

  • Page 118 and 119:

    the judges that their rights were b

  • Page 120 and 121:

    cate portions of the suit property

  • Page 122 and 123:

    Lithuania DEVELOPMENTS IN LITHUANIA

  • Page 124 and 125:

    more through the right of the elect

  • Page 126 and 127:

    in a proper and effective manner an

  • Page 128 and 129:

    task. In addition, and relatedly, 2

  • Page 130 and 131:

    In allowing the Majlis’s appeal a

  • Page 132 and 133:

    Mexico DEVELOPMENTS IN MEXICAN CONS

  • Page 134 and 135:

    launched by the Federal Government

  • Page 136 and 137:

    National Security The Court was fac

  • Page 138 and 139:

    advantages and disadvantages to bot

  • Page 140 and 141:

    was unconstitutional. 6 This case l

  • Page 142 and 143:

    Netherlands DEVELOPMENTS IN LITHUAN

  • Page 144 and 145:

    Interpretation in Conformity with H

  • Page 146 and 147:

    were confronted with a major politi

  • Page 148 and 149:

    ions, or even merely a statement al

  • Page 150 and 151:

    ing the Constitution from which the

  • Page 152 and 153:

    Norway DEVELOPMENTS IN NORWEGIAN CO

  • Page 154 and 155:

    ever, constitutional debates partic

  • Page 156 and 157:

    2006 case solved by reference to th

  • Page 158 and 159:

    considerable powers and legislative

  • Page 160 and 161:

    As regards the civilian government

  • Page 162 and 163:

    Philippines DEVELOPMENTS IN PHILIPP

  • Page 164 and 165:

    egardless of how pesticides are rel

  • Page 166 and 167:

    manner of interpretation edify the

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    egulated in Chapter VIII (Courts an

  • Page 170 and 171:

    y way of a reasoned order rather th

  • Page 172 and 173:

    Romania DEVELOPMENTS IN ROMANIAN CO

  • Page 174 and 175:

    ers, even if they are third-country

  • Page 176 and 177:

    dicated that it should read “fulf

  • Page 178 and 179:

    are now called Single Member Consti

  • Page 180 and 181:

    crimination (ICERD) in 2015. It exp

  • Page 182 and 183:

    may be more suited to the current c

  • Page 184 and 185:

    simple majority, and the president

  • Page 186 and 187:

    The JC was also involved in another

  • Page 188 and 189:

    Slovenia DEVELOPMENTS IN SLOVENIAN

  • Page 190 and 191:

    water. 12 Under newly proclaimed Ar

  • Page 192 and 193:

    eral legal acts. 16 Since Slovenia

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    to maintain the equilibrium of powe

  • Page 196 and 197:

    the welfare and rights of women sec

  • Page 198 and 199:

    Spain DEVELOPMENTS IN SPANISH CONST

  • Page 200 and 201:

    work. The political process unleash

  • Page 202 and 203:

    the Government, the Royal Decree wh

  • Page 204 and 205:

    declare a rule null and void. In ad

  • Page 206 and 207:

    local self-government. The Council

  • Page 208 and 209:

    Taiwan DEVELOPMENTS IN TAIWANESE CO

  • Page 210 and 211:

    Among them were the contentious iss

  • Page 212 and 213:

    Interpretation No. 737 is a decisio

  • Page 214 and 215:

    ny satisfied the anti-Thaksin facti

  • Page 216 and 217:

    Democratic Reform Council (PDRC). T

  • Page 218 and 219:

    Turkey DEVELOPMENTS IN TURKISH CONS

  • Page 220 and 221:

    sure that everyone leads a healthy

  • Page 222 and 223:

    continued to pose a threat to natio

  • Page 224 and 225:

    y a network of prerogative power (t

  • Page 226 and 227:

    which not only established the dist

  • Page 228 and 229:

    seek to manage Brexit negotiations

  • Page 230 and 231:

    Enactment of the Constitution The f

  • Page 232 and 233:

    Elections A second case relates to

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