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View Conference on Constitutional Law Booklet International Association of Law Schools Conference on Constitutional Law September 11-12, 2009 Hosted by American University Washington College of Law and Georgetown University Law Center Washington DC, United States of America American University Washington College of Law and Georgetown University Law Center Funded Conference On-Site Expenses Association of American Law Schools Funded Developing Country Participation and Staff Support to IALS IALS Conference on Constitutional Law 2 IALS Conference on Constitutional Law Welcome It is a great pleasure to welcome you, in my capacity as Chair of the Planning Committee, to this challenging and stimulating IALS conference on “Constitutional Law” – a conference that will bring together scholars from every region of the world to explore some of the most important challenges that confront the rapidly increasing number of legal academics who teach and conduct research in comparative constitutional law. This conference promises to be particularly rewarding as it combines pedagogical, methodological and substantive discussions of some of the most pressing and most salient subjects that currently confront constitutional law across different nations and different legal systems. With subjects such as the constitutional treatment of religion, of gender differences, distributive justice, democracy and emergencies, this conference will certainly afford a particularly rich forum for further exploration of what is central to the IALS mission: shedding light on the most important axes of convergence and divergence among different legal systems, legal cultures and legal traditions. The four previous IALS conferences (Suzhou 2007, Hamburg 2008, Montreal 2008, and Canberra 2009) have been immensely valuable in sensitizing us to differences, opening our minds, and enabling us to learn from each other. That process will undoubtedly continue and expand in new directions. The program has been put together by a wonderfully diverse planning committee, whom I want to acknowledge: Henk Botha, University of Stellenbosch, South Africa; Marilisa D’Amico, University of Milan, Italy; Joaquim Falcão, FGV Law School Rio, Brazil; Helen Irving, University of Sydney, Australia; Faridah Jalil, National University of Malaysia, Malaysia; John McEldowney, University of Warwick, United Kingdom; and myself as Chair from the Benjamin N. Cardozo School of Law, New York with Norman Dorsen of New York University as IALS Board Liaison to the Committee. I also acknowledge the valuable input from a very engaged IALS Governing Board, and the indispensible assistance from our very committed administrators in Washington. It is a wonderful treat to be able to hold a constitutional law conference in Washington, D.C., and we are very fortunate that two outstanding law schools, the American University Washington College of Law and the Georgetown University Law Center have graciously agreed to host us. Very special thanks are due to Dean Claudio Grossman of American University Washington College of Law and Dean T. Alexander Aleinikoff of Georgetown University Law Center. Michel Rosenfeld, Chair, Planning Committee for the IALS Conference on Constitutional Law Justice Sydney L. Robins Professor of Human Rights Benjamin N. Cardozo School of Law Yeshiva University New York, NY, United States 3 IALS Conference on Constitutional Law 4 IALS Conference on Constitutional Law Table of Contents Page WELCOME .......................................................................................................................3 PROGRAM..................................................................................................................... 13 IALS GOVERNING BOARD ........................................................................................... 19 PLANNING COMMITTEE ............................................................................................... 21 CONFERENCE PARTICIPANTS ....................................................................................... 23 IALS MEMBERS ........................................................................................................... 29 PAPERS ......................................................................................................................... 37 Papers Papers by Subject Matter; alphabetical by last name COMPARATIVE CONSTITUTIONAL LAW ................................................................................ 37 The Bahraini Constitutional Government System “An Overview” Mohammed Al Mashhadani, Bahrain ............................................................................... 39 The Controller Types of Constitutional Law in Jordan Osama al Neimat, Jordan ................................................................................................. 43 A Modest Experiment in Pedagogy: Lessons on Comparative Constitutional Law Thomas E. Baker, United States ....................................................................................... 45 Foreign Constitutional Law and the Courts: Reflections from the South Henk Botha, South Africa................................................................................................. 51 The Constitutional Rights to Dignity Erin Daly, United States ................................................................................................... 57 Reproductive Rights in the Legal Academy: A New Role for Transnational Law Martha F. Davis & Bethany Withers, United States ........................................................... 63 Introduction of Judicial Review in Italy – Transition from Decentralized to Centralized Review (1948-1956) – A Successful Transplant Case Study Louis F. Del Duca, United States ....................................................................................... 69 Territorial Decentralization and a New Type of Multiparty System: A Comparative Analysis of Consequences and Solutions Federico de Montalvo Jääskeläinen, Spain ....................................................................... 75 5 IALS Conference on Constitutional Law Teaching Comparative Constitutional Law: Methodological Challenges Mariolina Eliantonio & Philipp Kiiver, The Netherlands .................................................... 81 Intermittent Comparative Constitutional Law Patrick O. Gudridge, United States .................................................................................. 85 The Renaissance of Comparative Constitutionalism A. E. Dick Howard, United States..................................................................................... 93 Use of International Sources in United States Constitutional Interpretation R. Randall Kelso, United States ....................................................................................... 97 Teaching Comparative Perspectives in the Domestic Constitutional Law Class: A Step by Step Primer Mark S. Kende, United States ....................................................................................... 101 The Veil as a Subject for Comparative Legal Analysis Mehmet K. Konar-Steenberg, United States .................................................................. 107 The Polysemy of Privacy: Comparative Constitutional Law and the Problem of Culturally- Contingent Meeting R. J. Krotoszynski, Jr., United States .............................................................................. 111 Electoral Reform Henk Kummeling, The Netherlands ............................................................................... 115 The Use of International and Comparative Sources in a Domestic Constitutional Law Course Brian K. Landsberg, United States ................................................................................. 123 Freedom of Speech and Contempt by Scandalizing the Court in Singapore Jack Tsen-Ta Lee, Singapore .......................................................................................... 127 Kelsen, Constitutions, Coup d’Etats and Courts Tayyab Mahmud, United States .................................................................................... 135 Hybridization: A Study in Comparative Constitutional Law John McEldowney, United Kingdom .............................................................................. 143 The Roles of International Human Rights Norms in Comparative Constitutional Jurisprudence: CEDAW-Based Examples Martha I. Morgan, United States ................................................................................... 149 The Constitutional Conundrum of Locus Standi: Comparative Analysis of the Rules Standing in Public Interest Environmental Litigation in the USA and South Africa Tumai Murombo, South Africa ...................................................................................... 155 Implementing The European Convention on Human Rights: A Comparative Constitutional Perspective With References to Ireland and France Marie-Luce Paris-Dobozy, Ireland ................................................................................. 163 Comparative Indigenous Rights and Serendipity Paul Rishworth, New Zealand ........................................................................................ 169 Principle or Ideology? A Comparative Perspective on the U.S. Controversy over Supreme Court Citations to Foreign Authorities Michel Rosenfeld, United States .................................................................................... 173 6 IALS Conference on Constitutional Law Codes and Constitution in Argentina: A Difficult Marriage Roberto Saba,
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