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Blog of the International Journal of Constitutional Law
Home Archive for category "honduras"
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When to Overthrow Your Government: The Right to Resist in the World’s Constitutions

Tom Ginsburg, Mila Versteeg and myself have just posted the preliminary version our upcoming article on the Right to Rebel within the world’s written constitutions unto SSRN. The article, which is available for download here, may well be of interest to our fellow scholars, bloggers and constitutional enthusiasts.  We would certainly welcome any comments, perspectives

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The Central American Right to Rebel: why it served the 1982 Revolutionary Junta in Guatemala but could not save Zelaya:

The first de facto right to resist in the Central American region was introduced by El Salvador in its constitution of 1886.(1) This right was subsequently expanded upon in 1945, and reached its present form in 1950.(2) Since that time many neighboring countries such as Honduras and Guatemala have likewise adopted similar provisions as have

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In Ecuador, Autocracy by Referendum

A frustrated Simon Bolivar is said to have once complained of his empire that Colombia was a university, Venezuela a barracks, and Ecuador a convent. This assessment seemed surprisingly prescient last week, with a Colombian education minister appointed emergency mayor of Bogota, Venezuela accused by the IISS of arming FARC rebels, and Ecuadorians passing a

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Published on May 19, 2011
Author:          Filed under: Bolivia, Daniel Lansberg-Rodriguez, Ecuador, honduras, venezuela
 
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Amending the Unamendable Constitutional Clauses in Honduras?

The Honduran congress has passed, by the required supermajority, a reform to constitutional Article 5 that refers to the requisites to call for a plebiscite or a referendum as well as to the scope of issues that can be decided using those mechanisms of direct democracy. In order to successfully amend Article 5, however, a

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Published on January 14, 2011
Author:          Filed under: constitutional review, honduras, hp, Julio Rios-Figueroa, Latin America
 
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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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Honduras vote coming in…

and it looks like the conservatives have won. The crisis, however, is likely not over, with most South American nations continuing to assert that the election results are not to be recognized. From the beginning, the Honduras affair has defied conventional political analysis. The term “coup” continues to be used as an epithet, but the

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Published on November 30, 2009
Author:          Filed under: honduras, hp, Tom Ginsburg
 
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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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Honduras crisis comes to a close

Honduras’ political crisis is coming to an end. Five months after being forced out of the country by the military, Manuel Zelaya will apparently be allowed to resume his term of office. The country’s election scheduled for later this month, in which Zelaya is not a candidate, will proceed as planned. I’d like to pose

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Published on November 1, 2009
Author:          Filed under: honduras, hp, Tom Ginsburg
 
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The Puzzle of Unamendable Provisions: Debate-Impairing Rules vs. Substantive Entrenchment

Many constitutions purport to make some provisions immune from ordinary amendment processes. The Constitution of Turkey, for example, states that the character of the country as a secular democracy and republic cannot be changed, and forbids any proposal to amend these provisions. Thailand’s constitution entrenches the monarch as head of state. Other countries purport to

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Published on August 13, 2009
Author:          Filed under: amendment, honduras, hp, Tom Ginsburg
 
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Of Coups and Term Limits: Thoughts on the Niger Referendum This Week

All eyes will be on Niger this Tuesday as President Mamadou Tandja goes ahead with a referendum to allow himself to rule for three more years after completing his constitutional mandate of two terms this December. Recall that when the Constitutional Court ruled his proposal unconstitutional earlier this summer, Tandja assumed emergency powers and disbanded

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Published on August 2, 2009
Author:          Filed under: coup, honduras, hp, niger, term limits