The Parliament of Georgia passed a new wave of constitutional amendments on October 15, 2010, which have seriously reconfigured the relationship between all three branches of government and have affected their rights and responsibilities. These amendments limit the rights and functions of the President in favor of the growing importance of the Prime Minister and
So many constitutional issues came up in the context of the 2010 U.S. election that I’m just now summoning the energy to react to them. One issue was the provocative proposal by Senators Jon Kyl and Lindsay Graham (among others) to repeal the 14th amendment, or at least that part of the amendment that grants
The famous German legal scholar, Professor Winfried Brugger of the University of Heidelberg, died suddenly. Besides being a leading legal philosopher, and scholar of German constitutional law, he was one of Germany’s preeminent experts on American constitutional law. He also was a frequent visitor to Georgetown Law. Many faculty there and elsewhere thought the world
The Revolutionary Communist Party has issued a new draft constitution for the Socialist Republic of North America. Only the preamble is available on the website; those interested in learning more will have to buy the book. The preamble itself, full of anachronistic language, is over 2700 words long, which would, according to a recent paper
Richard Kay of the University of Connecticut Law School has posted a new paper, Constituent Authority, on SSRN. Its an interesting analysis of constituent power and its effect on constitutional endurance. Abstract: The force of a constitution, like the force of all enacted law, derives, in significant part, from the circumstances of its enactment. Legal
Earlier this year, David Law commented on next year’s constitutional referendum in Zimbabwe and on the potential ramifications for civil rights in that country. With November deepening however, and the vote approaching, it is time to look at Zimbabwe’s constitutional chaos from another angle – separation of powers. Even for a country located in a
In late 2009, several of the South African Constitutional Court’s most famous Justices were scheduled to step down. They still had to write opinions in some difficult socio-economic rights cases. To the surprise of many legal scholars, they authored opinions which appear to put the brakes on the development of a transformative socio-economic rights jurisprudence.