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International Journal of Constitutional Law - Volume 18, Issue 2, July 2020

International Journal of Constitutional Law – Volume 18, Issue 2, July 2020


International Journal of Constitutional Law

Volume 18, Issue 2, July 2020

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.


Editorial: Orbán and the self-asphyxiation of democracy; Publishers, academics, and the battles over copyright and your rights, Part I; Festschrift? “That which is hateful to you, do not do to your fellow! That is the whole Torah; the rest is interpretation” (from the Elder Hillel in Babylonian Talmud, Shabbat 31a); In this issue

ICON•S Reflections
Constitutional democracy in the time of elected authoritarians
Wojciech Sadurski

Technological revolution, democratic recession, and climate change: The limits of law in a changing world
Luís Roberto Barroso

I•CON Foreword
The sovereignty surplus
Neil Walker

Reflections on Gender and Public Law: Eight Views
Resurrecting positive action
Christopher McCrudden

The struggle for social constructivism in postsocialist Central and Eastern Europe
Barbara Havelková

Gendered nationalism and constitutionalism
Ruth Rubio-Marín

Populists, gender, and national identity
Anna Śledzińska-Simon

Transitional justice and the challenges of a feminist peace
Julieta Lemaitre

Single equality in the age of marriage equality
Chao-ju Chen

Engendering a constitutional moment: The quest for parity in the Chilean Constitutional Convention
Verónica Undurraga

“De-gendering” the civil status? A public law problem
Stefano Osella

The populist challenge to the European Court of Human Rights
Jan Petrov

Parties versus democracy: Addressing today’s political party threats to democratic rule
Tom Gerald Daly, Brian Christopher Jones

Critical Review of Jurisprudence
The invention of tradition: Same-sex marriage and its discontents in Hong Kong
Marco Wan

Special Section: From the Trenches
Scandalizing the judiciary: An analysis of the uneven response of the Supreme Court of India to sexual harassment allegations against judges
Sanjay Jain, Saranya Mishra

The I•CONnect-Clough Center 2019 Global Review of Constitutional Law
2019 global review of constitutional law: Bosnia and Herzegovina
Maja Sahadžić

2019 global review of constitutional law: Georgia
Malkhaz Nakashidze

2019 global review of constitutional law: North Macedonia
Jasmina Dimitrieva, Lydia Tiede

Occasional Series: Constitutional Surveys
Survey on the Constitution of the Republic of Poland: The results of the research conducted in 2017–2018
Piotr Radziewicz, Monika Florczak-Wątor, Marcin M Wiszowaty

Law and Gender in the Literature
Intersectionality and Criminology: Disrupting and Revolutionizing Studies of Crime
Intersectional Discrimination
Arushi Garg

Gender Parity and Multicultural Feminism: Towards a New Synthesis
Ofra Bloch

Gender, Alterity and Human Rights: Freedom in a Fishbowl
Cara Röhner

Gender and the Law of the Sea
Isabel Lischewski

Gay Priori: A Queer Critical Legal Studies Approach to Law Reform
Estefanía Vela Barba

Book Reviews
Constitutional Amendments: Making, Breaking, and Changing Constitutions
Eoin Carolan

The Rise and Decline of Fundamental Rights in EU Citizenship
Dimitry Kochenov

Demanding Rights: Europe’s Supranational Courts and the Dilemma of Migrant Vulnerability
Lena Riemer

The Transformative Constitution: A Radical Biography in Nine Acts
Sandeep Suresh


Conceptos y fundamentos de Justicia Internacional

Conceptos y fundamentos de Justicia Internacional

Conceptos y fun …