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Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
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Ambiguities in Iraq’s Constitution

Last week I participated in a fascinating conference hosted by the National Constitution Center and University of Pennsylvania Law School that waded neck deep into Iraqi constitutionalism, and federalism in particular. I argued that among the problems with the federal framework established by the Iraq Constitution is that it is both ambiguous and internally inconsistent

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Published on September 30, 2010
Author:          Filed under: hp, iraq, Jason Gluck
 
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Turkey’s New Majoritarian Difficulty

On September 12, 1980, the Turkish Armed Forces took control of the Turkish government in a bloody coup d’état. Exactly thirty years from that date, on September 12, 2010, Turkish voters approved by 58% of the vote a package of twenty-six amendments to the 1982 Constitution, which was ratified following the coup. The amendments implement

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Published on September 30, 2010
Author:          Filed under: hp, judicial appointments, Ozan Varol, Turkey
 
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Government Formation and Iraq’s Constitution

If reports of a breakthrough in formation of a new Iraqi government are to believed (a questionable proposition), it is worth noting two ways Iraq’s Constitution has been implicated in the unmitigated disaster that has been the failure to form a government almost seven months after Iraq’s parliamentary elections. First, there is the way the

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Published on September 29, 2010
Author:          Filed under: election, hp, iraq, Jason Gluck
 
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Kenyan Constitution and Chicago Troika

Here is a great nugget from a recent edition of news at the University of Chicago. It includes some insights into what valuable work is being carried out by other members of this blog. It starts with some biographical material on Tom: “Ginsburg first developed an interest in constitutions through his work at the Asia

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Published on September 23, 2010
Author:          Filed under: hp, Mark Kende
 
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New USIP volume on constitution-making

Those interested in constitutional design should take a look at the new volume from the US Institue of Peace, Framing the State in Times of Transition: Case Studies in Constitution Making. The volume features 19 case studies of constitution-making, including well-known cases like Afghanistan and Iraq, and more obscure cases ranging from Albania to Zimbabwe.

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Published on September 20, 2010
Author:          Filed under: constitutional politics, hp, Tom Ginsburg
 
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Turkey’s reforms

I’d be very interested to learn more from any readers in Turkey about the passage of the constitutional amendments in yesterday’s referendum. My thumbnail view is that Turkey was ahead of the game in 1982 when it adopted a “post-political” constitution, in which democratic institutions were constrained by a series of guardian institutions, including the

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Published on September 13, 2010
Author:          Filed under: hp, referenda, Tom Ginsburg, Turkey
 
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Awards, New Books, and a Book Series

Several recent awards, new books, and a new book series on comparative constitutional law & policy might be of interest to this blog’s readers. First, Sanford Levinson, one of the most influential, prolific and thoughtful scholars of American constitutional law, won the APSA’s Law & Courts Section Lifetime Achievement Award. Professor Levinson’s work on constitutional

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Published on September 12, 2010
Author:          Filed under: hp; ran hirschl
 
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The Constitutionality of Nigeria’s Recent Constitutional Amendment

A number of aggrieved parties including the Attorney General and Minister of Justice of the Federal Republic of Nigeria have filed suits in Nigerian courts seeking an interpretation of the constitutionality of the recent amendment of the 1999 Constitution of the Federal Republic of Nigeria. Nigeria’s National Assembly recently declared that the recent constitutional amendment

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Published on September 10, 2010
Author:          Filed under: ANCL, Enyinna Nwuache, hp, Nigeria
 
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Sri Lanka and Executive Self Dealing

The Sri Lankan parliament voted on Wednesday to approve the 18th amendment to their constitution, which strikes down the 2-term limit on presidential re-election. We’ve all seen this movie before. Critics responded by characterizing the amendment as a step towards authoritarianism, since its beneficiary is the sitting president, Mahinda Rajapakse. The President’s spokesman, right on

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Published on September 10, 2010
Author:          Filed under: hp, sri lanka, term limits, Zachary Elkins
 
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The Evolution and Ideology of Global Constitutionalism

Mila Versteeg and I have just posted to SSRN a paper entitled “The Evolution and Ideology of Global Constitutionalism” that may be of interest to readers of this blog. In this paper, we analyze an original data set that spans the rights-related content of all national constitutions over the last six decades. Our analysis confirms

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