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Blog of the International Journal of Constitutional Law
Home Archive for category "Andrew Arato"
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Arato: Egypt Again

“Judge Helped Egypt’s Military to Cement Power” NY Times, July 3, by David Kirkpatrick is a very important report. While it has been possible to follow the scenario in Egypt in the available literature (especially an essay by Tamir Moustafa and in reports by the Crisis Group), this is the first time that an important

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Published on July 4, 2012
Author:          Filed under: Andrew Arato, Egypt, hp
 
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Arato on Hungary: Don’t Call it a Dictatorship

[note: cross-posted from booksandideas.net] It may seem like a scholastic question: is the current Hungarian regime a dictatorship (or an autocracy) in light of the changes made by the Constitution of 2012, the so-called Basic Law? Does answering this question make a difference for those seeking to reverse or replace the regime? My answers are

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Published on May 17, 2012
Author:          Filed under: Andrew Arato, hp, Hungary
 
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New Hungary Constitution: New Opinions

Our contributor Andrew Arato, along with other leading academics, submitted an amicus brief to the Venice Commission concerning the new Constitution of Hungary. It is in many ways a devastating critique of the new document on both substantive and procedural grounds. The Venice Commission itself released an Opinion on the Constitution earlier this week, arguing

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Published on June 23, 2011
Author:          Filed under: Andrew Arato, constitutional design, hp, Hungary, Tom Ginsburg
 
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Arato: Orban’s (Counter) Revolution of the Voting Booth and How it was Made Possible

During the age of great revolutions, Joseph de Maistre distinguished between counter revolutions and the contraries of revolutions. Fearing, rightly, that counter revolutions may have the same horrible consequences as the Jacobinism that he witnessed, he expressed his preference for the contrary of revolutions, but never really explained how it would work. If we take

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Published on April 21, 2011
Author:          Filed under: Andrew Arato, hp, Hungary
 
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Arato on Constitution Making in Hungary and the 4/5 Rule

The worst thing about the current constitution making process in Hungary led by the FIDESZ government is the process itself: under an opposition boycott, and involving an absurd process of popular consultation through sketchy and deficient mail in citizen questionnaires, it lacks all genuine aspects of participation and inclusion. Not only is the process illegitimate

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Published on April 6, 2011
Author:          Filed under: Andrew Arato, constitutional amendment, hp, Hungary
 
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Arato on The Return of Revolutions

We certainly said good-bye to revolutions too soon, between 1989 and 1995. Yes, we were right Romania was the exception, and the series of changes of regime certainly did not represent revolutions. Yet the fact that the latter were represented finally and definitively by the journalistic cliche as the „Revolutions of 1989” demonstrates the tremendous

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Published on March 7, 2011
Author:          Filed under: Andrew Arato, Egypt, hp