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Blog of the International Journal of Constitutional Law
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The Price of Legality in an Egyptian Transition, Part II–some other voices weigh in

As I noted in my last post, under the current constitutional scheme in Egypt, elites in the ruling National Democratic Party can hold hostage the “legality” of any quick regime change. To recap: Under the current constitution, as soon as the president is forced out, elections must be held within 2 months and must be

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Southern Sudan’s Constitutional Review

On January 21 the Government of Southern Sudan (GoSS) issued a presidential decree for the “formation of the Technical Committee to review the Interim Constitution of Southern Sudan” and to present a final draft of a transitional constitution to the President by April 25. The intention is to have a transitional, as opposed to permanent,

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Should He Stay or Should He Go: Negotiation as the Price of Constitutional Legality in an Egyptian Transition

There is an ingenious device that one finds in the Egyptian constitution—one analogous to some of the “poison pills” that corporations occasionally adopt to prevent hostile takeover. If a President resigns or is otherwise removed, power will be transferred to high officials appointed to their office by the President. Not surprisingly the people in those

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Independent Institutions in Iraq

The Iraq Federal Supreme Court (FSC), following a petition by Prime Minister Maliki’s office, has just ruled that independent commissions such as the Independent High Electoral Commission (IHEC) and the Central Bank of Iraq are to be attached to the executive branch. The ruling would seem to contradict the 2005 Constitution’s Chapter on Independent Commissions,

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Published on January 26, 2011
Author:          Filed under: constitutional amendment, courts, hp, iraq, Jason Gluck
 
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Comparative Originalism

Thank you to Tom for noting my book review! I did want to add one thing: The issue of how the courts of other countries interpret their constitutions is relatively understudied. There is a good book with single-country studies from 2007 edited by Jeffrey Goldsworthy (Monash University, Australia). I have a reply forthcoming in the

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Published on October 7, 2010
Author:          Filed under: constitutional interpretation, David Fontana, hp, originalism
 
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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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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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“… far more onerous than the restrictions found in this Nation.”

In McDonald v. Chicago, Justice Stevens stated in dissent that “the experience of other advanced democracies . . . undercuts the notion that an expansive right to keep and bear arms is intrinsic to ordered liberty. Many of these countries place restrictions on the possession, use, and carriage of firearms far more onerous than the

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Published on July 21, 2010
Author:          Filed under: Claudia Haupt, Germany, guns, hp
 
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The Law and the Social Reality of Other Constitutions

And you thought you knew nothing about the constitution of Morocco? By the time I am done with these posts, you will hardly remember that day. Below, another reflection on reading the constitution of Morocco and then traveling the country of Morocco: The gap between constitutional reality and constitutional text can often be quite profound.

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Published on July 11, 2010
Author:          Filed under: Uncategorized
 
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Political Parties and Comparative Constitutional Law

Another thought inspired by reading the Constitution of Morocco: Bruce Ackerman and others have written in the American context of how our Constitution says nothing about political parties, and the problems that has caused. Even given this, though, reading other constitutions is always enlightening because of the substantial attention it shines on just how much

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Published on July 9, 2010
Author:          Filed under: David Fontana, hp