Blog of the International Journal of Constitutional Law

Month: November 2011

  • Egypt update from International IDEA

    As Egypt goes to the polls to begin its long process of electing a parliament, I recommend taking a look at an analysis produced by International IDEA of the “Fundamental Principles” document released earlier this month. The document has been widely criticized for trying to cement a role for the military in future politics.

  • Japan’s Supreme Court finds lay participation in criminal trials constitutional

    On November 16, 2011 Japan’s Supreme Court ruled that the country’s new “saiban’in” system of citizen participation in serious criminal trials was constitutional. Issued unanimously by all fifteen of the court’s judges sitting en banc as a Grand Bench, this ruling effectively eliminates any constitutional doubts about the system which may have lingered after it commenced operations in May of 2009.

  • Another chapter in Israel’s constitutional wars

    It has been a while since we reported here about Israel’s ongoing constitutional (and culture) wars. The right wing government, and in particular members of the governing coalition who represent religious parties, Jewish settlers and nationalist parts of the Russian immigrant community, have long viewed the Supreme Court as a bastion of liberal secularism and leftism.

  • Equatorial Guinea heads to polls

    Citizens of oil-rich Equatorial Guinea went to the polls today to vote in a referendum on a new constitution. Changes include the imposition of term limits on the president (two seven-year terms in office); the creation of a vice-presidency and Senate; the establishment of economic policy and auditing watchdogs; and an ombudsman.

  • Voting underway in Equatorial Guinea

    Citizens of oil-rich Equatorial Guinea went to the polls today to vote in a referendum on a new constitution. Changes include the imposition of term limits on the president (two seven-year terms in office); the creation of a vice-presidency and Senate; the establishment of economic policy and auditing watchdogs; and an ombudsman.

  • Nathan Brown tells American advisors: “Put Away Your Quills” in the Mideast

    Nathan Brown of George Washington has an excellent new post at foreignpolicy.com in which he argues that Americans have little to say to constitution-makers in the Arab world. He is surely right. My own view is that external advisors are best focused on the nitty-gritty issues of drafting, such as making sure the text is consistent, and not particularly well suited to make the big institutional choices.

  • The Right to Rebel in Ghana

    This is the third in a series of case studies on the Constitutional Right to Rebel: Ghana ———————————————————————————————— The nation of Ghana was formed in 1957 as a sovereign union between the recently independent British protectorates of Gold Coast and Togoland.

  • Call for Papers on Comparative Law

    As Chair of the Younger Comparativists Committee of the American Society of Comparative Law, I am pleased to share with our readers the Call for Papers below. The Call for Papers is directed to comparative law scholars who have been engaged as law teachers, lecturers, fellows or another academic capacity for ten years or fewer as of June 30, 2012.

  • Iran: Constitutional Politics in a Dictatorship

    Last month, the University of Chicago hosted a Conference on Constitutions in Authoritarian Regimes. Alas, we did not have a paper on Iran, but it seems that constitutional politics in the world’s favorite theocracy are heating up. Indeed, Iran may be exhibit A for the idea that constitutional politics involve significant stakes even in dictatorships.

  • Right to Rebel in Venezuela

    This is the second country study in Tom Ginsburg and I’s ongoing project to identify the potential risks and rewards of a constitutional Right to Rebel – Venezuela has had 26 separate constitutions since independence and the most recent have included various justifications for a popular right to rebel.

This site is registered on Toolset.com as a development site.