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Home Archive for category "Tom Ginsburg" (Page 7)
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Niger: Another Term Limit Violator Bites the Dust

Niger’s coup d’etat on Thursday has provoked widespread international reaction, as the country has been suspended from the African Union and the coup leaders condemned by Ban Ki-Moon, the EU and ECOWAS. Citizens of Niger, on the other hand, seem to be fairly happy about the development. Last year, President Mamadou Tandja sought to amend

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Published on February 20, 2010
Author:          Filed under: hp, niger, Tom Ginsburg
 
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Myanmar’s Constitution: Born to Fail?

In this interesting op-ed, Arnold Corso suggests that the answer to the question in the title is “yes.” The Myanmar constitution–17 years in the making–was produced in a behind-the-scences process with no public participation. It is fairly inflexible as well. Although it has a good deal of detail which we find to be associated with

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Published on February 10, 2010
Author:          Filed under: hp, Myanmar, Tom Ginsburg
 
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Kenya process moves forward…

Kenya’s Parliamentary Select Committee has now returned the draft constitution—heavily modified—to the Committee of Experts for reconsideration. The major change was dropping the semi-presidential system in favor of a pure presidential system with a directly elected president, reflecting demand from the public for greater clarity and clearer channels of accountability. The switch from semi-presidentialism is

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Published on February 1, 2010
Author:          Filed under: hp, Kenya, Tom Ginsburg
 
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Turkish court ruling

Jurist reports that Turkey’s constitutional court has over-turned a law allowing for civilian prosecution of military personnel in civilian courts. The report describes the law as being a barrier to EU accession, but the real politics are likely domestic: the law was promulgated in part to facilitate investigation of military officials and others who were

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Published on January 27, 2010
Author:          Filed under: hp, Tom Ginsburg, Turkey
 
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Statutes on constitutional amendment procedure?

here is a question from Mongolia, where the parliament is considering drafting a statute on constitutional amendments. Some countries have specific statutes to cover the procedure for proposing and passing an amendment, filling in details not contained in the constitution. Do any readers have examples of such statutes? Please let us know by comment if

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Published on January 25, 2010
Author:          Filed under: hp, Tom Ginsburg
 
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Is the Japanese Supreme Court spreading its wings?

Last week, the Japanese Supreme Court ruled that it is unconstitutional for a municipal government to offer city-owned land without charge for the site of a Shinto shrine. The ruling by the top court’s Grand Bench upheld the contention of the plaintiffs that the municipal government of Sunagawa, Hokkaido had violated the constitutional requirement of

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Published on January 24, 2010
Author:          Filed under: hp, Japan, Tom Ginsburg
 
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New blogger coming soon: Mark Kende

We have a new blogger coming soon. Mark Kende is the James Madison Chair Professor in Constitutional Law and Director of the Drake University Constitutional Law Center, which was endowed by the U.S. Congress. He is the author of “Constitutional Rights in Two Worlds: South Africa and the United States” (Cambridge Univ. Press 2009). He

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Published on January 19, 2010
Author:          Filed under: Tom Ginsburg
 
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Recent Scholarship on Comparative Constitutional Law

Four recent papers, each one excellent, merit the attention of readers with an interest in comparative constitutional law. The first, Studying Japanese Law Because It’s There, is an essay by Tom Ginsburg, my colleague here at the Comparative Constitutions Blog. Recently published in the American Journal of Comparative Law, this very important paper states in

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Top ten constitutional events in China

Here’s an interesting one. China’s Prosecutorial Daily has produced a list of the “top ten constitutional events” in 2009. Donald Clarke has kindly translated the list here. It’s a remarkable document in its conception of what counts as constitutional: many of the incidents involve abuse of power by lower level officials. We tend to think

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Published on January 17, 2010
Author:          Filed under: China, hp, Tom Ginsburg
 
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Angola constitution coming soon

Press reports indicate that Angola’s parliament will adopt a new constitution in the new week, extending the rule of President Jose Eduardo Dos Santos, who has served since 1979. The constitution will replace the formally semi-presidential structure with a pure presidential system, replacing the prime minister with a vice president. It is seen as strengthening

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Published on January 14, 2010
Author:          Filed under: hp, Togo, Tom Ginsburg