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Blog of the International Journal of Constitutional Law
Home Articles posted by zelkins (Page 2)
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Looking like “yes” in Kenya

Kenyan citizens go to the polls tomorrow for an up and down vote on the new constitution. According to reports in the Daily Nation, voters are expected in record numbers. Despite early warnings from the government that funds were in short supply to support the election, ballots appear to be in place, a national holiday

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Published on August 3, 2010
Author:          Filed under: hp, Kenya, referenda, Zachary Elkins
 
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How Representative is the Senate Minority Anyway?

Last week’s Senate election in Massachusetts had many of us thinking about the merits and demerits of the filibuster. A basic question that sprang to mind, given the well-known malapportionment of the Senate, was this: what percent of Americans are represented by the 41 would-be filibusterers? I was supremely disappointed by cyberspace to find that

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Published on January 25, 2010
Author:          Filed under: filibuster, hp, senate, United States, Zachary Elkins
 
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Will the head of state in Canada please stand up?

Several years after you read Peter Russell’s excellent book on the evolution of the Canadian constitution (now in its 3rd edition), you will be forgiven for forgetting the details of the many twists and turns of Canada’s constitutional odyssey. You will likely remember, however, Russell’s anecdote in the preface in which he describes the motivation

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Published on January 15, 2010
Author:          Filed under: Canada, hp, Zachary Elkins
 
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The Church and Constitutional Fidelity

Nearly a month ago, the Wall Street Journal carried an interesting story on the role of the Catholic Church in the Honduran constitutional crisis. The Church, as it turns out, supported the coup (a highly contested word in this context, I know) for which they received a fair amount of criticism from Zelayistas. In the

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Published on December 14, 2009
Author:          Filed under: constitutional interpretation, honduras, hp, religion, Zachary Elkins
 
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Out with the old, in with the new

The newly minted Supreme Court of the UK handed down its first decision this week, after coming to power on October 1, 2009. There is no doubt that Brits (and the rest of us) are still getting used to the idea of new branch of government in the UK. There is even some question (in

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The Honduran Crisis as Constitutional Inoculation?

It may be time to turn to some of the broader implications of the Honduran constitutional crisis now that a resolution to at least the immediate standoff is in sight. In particular, what will be the fate of the Honduran constitution? Ironically, some have suggested that a constitutional convention to rewrite the document – the

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Published on November 5, 2009
Author:          Filed under: constitutional change, honduras, hp, Latin America, term limits, Zachary Elkins
 
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Term Limits Imperiled Again (this time in Colombia)

The perennial war of term limits versus presidents in Latin America seems to have opened a new front in Colombia — my native country, no less. There, it appears that term limits pose no match for popular President Uribe, whose supporters have pushed through a bill in the senate that paves the way for a

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Published on August 27, 2009
Author:          Filed under: Colombia, hp, Latin America, term limits, Zachary Elkins
 
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Are Constitutions like Marriage?

The convenant binding two people “til death do [them] part” seems to have much in common with constitutions. Both contracts are highly symbolic and probably confer some degree of legitimacy upon unions that will inevitably weather their fair share of crises. Both contracts, when entered into, are thought to last indefinitely. We can continue to

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Published on August 21, 2009
Author:          Filed under: hp, Zachary Elkins
 
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Bullets not Ballots in Tegucigalpa

As readers of this space know, we have been following the evolving constitutional story in Honduras in recent months. The constitutional process erupted yesterday as the Honduran military pre-empted a scheduled referendum and ousted President Zelaya. The question on the ballot was whether Hondurans should replace the constitution. Before polls opened, the military cast its

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Published on June 29, 2009
Author:          Filed under: constitutional change, hp, Latin America, term limits, Zachary Elkins
 
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A Short Referendum in Honduras

Readers of this space will recall our previous commentary on the Honduran referendum scheduled for today. The question on the ballot was whether or not to rewrite the Honduran constitution. Critics had suggested that the primary motivation for the constitutional replacement was an extension of President Zelaya’s term in office. Whatever the motivation, the results

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Published on June 29, 2009
Author:          Filed under: hp