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Blog of the International Journal of Constitutional Law
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Conference on Comparative Constitutional Law

From the website of the Pace International Law Review, a conference on comparative constitutional law, described below: Pace International Law Review will hold a symposium entitled Comparative Constitutional Law: National Security Across the Globe. The symposium is scheduled to be held in November of 2009 as an all day event with multiple panelists and guest

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Published on August 7, 2009
Author:          Filed under: Uncategorized
 
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Approaches to Constitutional Change

One of the beautiful things about this blog is that I get to note new articles about topics like constitutional change in in Tonga: The Constitution of Tonga, 132 years old in 2007 — indeed one of the world’s oldest extant constitutions — has recently, for the first time in history, been subjected to significant

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Published on August 6, 2009
Author:          Filed under: David Fontana, hp, Tonga
 
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Albert on Amendments

An article posted on SSRN, written by Richard Albert from Boston College Law School, might be of interest to our readers. Here is the summary: The constitutional text in a constitutional democracy does not necessarily constrain constitutional change. Quite the contrary, constitutional change in a constitutional democracy often occurs in ways that depart from the

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Published on August 6, 2009
Author:          Filed under: amendment, hp, research
 
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Constitutional Court Censors German Government

It’s been a tough week for the German government. It was handed defeats by the constitutional court (Bundesverfassungsgericht) in two separate cases touching on the government’s authority to withhold information from parliament.In 2006, the German parliament — on an initiative by opposition parties — constituted a parliamentary commission to investigate allegations that the German government

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Published on July 30, 2009
Author:          Filed under: Germany, hp, information
 
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Iraq’s Constitutional Review

Iraq’s Constitutional Review Committee (CRC), a body empowered by Art. 142 of the Constitution to do a one-off comprehensive reexamination of Iraq’s Constitution, is set to present its list of proposed amendments to the Iraq Parliament within the next couple of weeks. Two and half years of work has resulted in a list of meaningful

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Published on June 24, 2009
Author:          Filed under: constitutional change, hp, Jason Gluck
 
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Afghanistan’s Constitutional Opera Continues…

May 22nd marked what should have been the end of President Karzai’s first term as President according to the 2004 constitution. As Tom Ginsburg noted in his March 31 post, the Supreme Court justified the continuation of Karzai’s term until August elections to “ensure national consensus and stability in the country.” The stability argument is

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Published on May 26, 2009
Author:          Filed under: Afghanistan, Alex Thier, hp
 
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The Nepali Process — a Victim of Politics

For most of the past three years Nepal has been hailed as a veritable success for its transition from monarchy to democracy, peace process, interim constitution, elections, and formation of a Constituent Assembly (CA). Now with its government collapsed and a total breakdown in the delivery of basic services to the people, Nepal’s constitution-making process

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Published on May 22, 2009
Author:          Filed under: hp, Jason Gluck, process
 
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In Memoriam: Vivien Hart 1938-2009

Our colleague Vivien Hart, a pioneer in thinking about how the process of making constitutions relates to the consolidation of democracy and human rights, recently passed away. A professor of American studies at the University of Sussex since 1996 and director of the University’s Cunliffe Centre for the Study of Constitutionalism and National Identity since

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Published on March 13, 2009
Author:          Filed under: Alex Thier, hp
 
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The Danger of Constitutional Deadlines

Alex’s post on the constitutional crisis in Afghanistan — specifically the tension between constitutional deadlines and practical reality — brings to mind similar challenges already encountered by Iraqis as they simultaneously attempt to rebuild a nation, stamp out vestiges of a near civil war, and honor the rule of law. The first such tension occurred

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Published on February 19, 2009
Author:          Filed under: hp, Jason Gluck
 
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Constitutional Crisis in Afghanistan

Kabul: Afghanistan is experiencing a complex constitutional crisis concerning the delay of Presidential elections this year, and a fundamental disagreement over what body, if any, has the authority to interpret the post-Taliban constitution ratified in 2004, available here. The immediate crisis is due to the fact that Article 61 of the 2004 Constitution states that

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Published on February 18, 2009
Author:          Filed under: Afghanistan, Alex Thier, hp