Posts by gautambhatia@mastodon.social
(DIR) Post #9p1CvpJQVDU0iIEKxs by gautambhatia@mastodon.social
2019-11-16T11:33:38Z
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7. After widespread protests, the Chilean government has agreed on a process to do away with the Pinochet-era Constitution. If you read Spanish, you can read the draft agreement here (I'll translate the gist): https://www.facebook.com/photo.php?fbid=10162906560050422&set=pcb.10162906561040422&type=3&theater
(DIR) Post #9p1CvpbrOgEDdSr3hI by gautambhatia@mastodon.social
2019-11-16T11:34:57Z
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8. Basically, the Agreement says that in April 2020, there will be a yes/no referendum on the Pinochet-era Chilean Constitution. If a majority votes to abolish that Constitution, it goes. At that point, a process will be put in place for a new Constitution. The people will vote for the form that the Constituent Assembly will take - direct elections/50% representation of political parties etc.
(DIR) Post #9p1CvproRMzMQwJnYu by gautambhatia@mastodon.social
2019-11-16T11:36:10Z
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9. That process is due to take place in September 2020. Then they will move ahead with the drafting of the new Constitution.Of course, the April 2020 referendum is the big roadblock. If a majority approves the Pinochet Constitution, then the process ends right there. And as Brexit has shown us, referendums are unpredictable.
(DIR) Post #9p1CvqFuzkGrdhb38S by gautambhatia@mastodon.social
2019-11-16T11:37:08Z
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10. But if they get past that, then things will get really interesting and exciting. An opportunity for a fresh start, and a new Constitution - written in the economic and social climate of 2020 - will be fascinating to watch.- fin -
(DIR) Post #9p1CvqxWNd9Jovzs6C by gautambhatia@mastodon.social
2019-11-16T11:44:00Z
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@prithul This is a good question. I have a Colombian colleague who is very nervous about the referendum being part of this agreement - a potential trap by the government. But at the same time, look at the South African Constitution, whose provisions were put to a referendum - which helped enshrine its democratic legitimacy So it's a tough question.
(DIR) Post #9p1uZJwCrqfz1GRpYm by gautambhatia@mastodon.social
2019-11-16T19:50:12Z
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Working on a piece about the outgoing Chief Justice. Four hours and still writing.
(DIR) Post #9p1uZLFO01c152Qf5s by gautambhatia@mastodon.social
2019-11-16T19:56:32Z
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@digitaldutta Heh. 2189 words down. It is mentally and emotionally draining to relive all of that.
(DIR) Post #9p1vdqtKOANOKrpHGa by gautambhatia@mastodon.social
2019-11-16T20:05:59Z
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@Nitxie I presume everyone is decent until they prove otherwise :)
(DIR) Post #9p2N8j8fxYvq1zx4Iy by gautambhatia@mastodon.social
2019-11-17T01:12:06Z
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Found the complete video of the Chileans singing Victor Jara's El Derecho de Vivir en Paz ["The Right to Live in Peace"].https://www.youtube.com/watch?v=V_xRSfjCyrg(Can you watch this without being moved to tears?)
(DIR) Post #9p2wAQ4bJUNJsIaWrg by gautambhatia@mastodon.social
2019-11-17T06:49:46Z
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Here it is. “A little brief authority”: Chief Justice Ranjan Gogoi and the Rise of the Executive Court --https://indconlawphil.wordpress.com/2019/11/17/a-little-brief-authority-chief-justice-ranjan-gogoi-and-the-rise-of-the-executive-court/
(DIR) Post #9p5rdael7yNEncTGUa by gautambhatia@mastodon.social
2019-11-18T17:41:17Z
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The Hong Kong High Court today handed down an important judgment in which it held that the government's prohibition on the use of face masks by protesters was unconstitutional. The government's "law and order" arguments were flatly rejected. This is what happens when constitutional courts work the way they are supposed to - and it's possible, even in the most difficult and trying of circumstances, with an authoritarian government sitting on their head. An analysis:https://indconlawphil.wordpress.com/2019/11/18/notes-from-a-foreign-field-the-hong-kong-high-courts-judgment-on-the-right-to-protest-with-face-masks/
(DIR) Post #9p7zfezHBTnMlBUA88 by gautambhatia@mastodon.social
2019-11-19T18:12:20Z
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From the High Court of Malawi:"Another case in point, is that of Chidziwe v Republic, Criminal Appeal 14 of 2013 (unreported), where a person was arrested under section 184(1)(c) because he was found at an odd hour with a bottle of beer. The High Court overturned the conviction and held that there was no evidence that holding a bottle of beer implies an illegal purpose."
(DIR) Post #9p9uYMru2ZnF5Eeyv2 by gautambhatia@mastodon.social
2019-11-20T14:36:56Z
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Brilliant stuff from @LiveLawIndia. Every hearing on the Article 370, the filings, and live tweets of arguments, compiled chronologically here. A complete record of what has happened in the Courtroom so far. https://www.livelaw.in/rti/kashmir-article-370-hearing-in-sc-petitions-pleadings-arguments-orders-and-more-149988
(DIR) Post #9pDWqCUNkUYHpyT6LQ by gautambhatia@mastodon.social
2019-11-22T10:26:16Z
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Sometimes courts offer hope. On the J&K High Court's judgment striking down the Beggary Act, and the idea of punitive constitutionalism.https://www.thehindu.com/opinion/lead/a-blow-against-punitive-constitutionalism/article30041511.eceThe Beggary Acts date back to "Vagabond laws" in medieval Britain when people who didn't live "settled lives" were deemed criminal (primarily because it was harder to tax them). The Brits introduced these laws to India, and the post-colonial state just carried on with them. It's been seven decades, and courts are finally waking up.
(DIR) Post #9pDvtybfnqMSnImBDk by gautambhatia@mastodon.social
2019-11-22T15:08:43Z
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New blog post: "Engineering a constitutional crisis in Maharashtra" -- https://indconlawphil.wordpress.com/2019/11/22/guest-post-engineering-a-constitutional-crisis-in-maharashtra/In this guest post, Ziauddin Sherkar discusses the Governor's actions ever since the Assembly Election results in Maharashtra. He argues that the Governor's discretion in this area is circumscribed by "constitutional conventions" - which, by their very nature, are difficult to enforce. Nonetheless, going by precedent, the SC should mandate a floor test once a set of political parties stake claim.
(DIR) Post #9pJG6icBXaYpppAVPs by gautambhatia@mastodon.social
2019-11-25T01:09:46Z
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Oh my. Episode 4 of His Dark Materials is the best yet! That soundtrack is killing me each time.
(DIR) Post #9pL9GvfpX4z9rviO9Y by gautambhatia@mastodon.social
2019-11-26T01:19:02Z
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Comprehensive summing up of where we stand today with electoral bonds. https://www.huffingtonpost.in/entry/electoral-bonds-indian-democracy-narendra-modi_in_5ddb5d1ee4b0913e6f6ea769?ncid=other_twitter_cooo9wqtham&utm_campaign=share_twitter
(DIR) Post #9pN6sQ6hwDf69BS25I by gautambhatia@mastodon.social
2019-11-27T01:20:29Z
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Maharashtra: How the Constitution was betrayed (and how every actor - the four political parties, the Governor, the President, and the Prime Minister - are all responsible) -- https://www.hindustantimes.com/columns/how-the-constitution-was-betrayed/story-MCweF1LKbQZGuQwQ5rQK7N.html
(DIR) Post #9pSQh7Dr3fQ1cUFOFM by gautambhatia@mastodon.social
2019-11-29T14:45:18Z
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Zimbabwean High Court delivers a landmark judgment affirming transgender rights, relies upon both Navtej Johar and NALSA:https://zimlii.org/zw/judgment/bulawayo-high-court/2019/135
(DIR) Post #9pZA4xFamAjRNwTps8 by gautambhatia@mastodon.social
2019-12-02T17:52:39Z
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Apropos of a thread I'd done a couple of weeks ago, here is an article by one of the foremost Latin American constitutionalists of our time, Roberto Gargarella, on why Chile is clamouring to rewrite its Constitution. (In Spanish, but the automatic translation is pretty decent)https://www.clarin.com/opinion/chile-reforma-viene_0_t77lMOtE.html