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Home Archive for category "Tom Ginsburg" (Page 9)
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New Report on Transitional Justice

The Reports section of this website features a new entry on transitional justice provisions in constitutional texts (see the Special Issue Domains tab). Surprisingly, very few constitutions actually mention transitional justice in any detail. A small number provide for Commissions for Truth and Reconciliation (e.g. Burundi, Congo, Nepal) while others focus on potential criminal or

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Published on September 23, 2009
Author:          Filed under: hp, Tom Ginsburg, transitional justice
 
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Job posting: Somalia

Editors note: Comparativeconstitutions.org will on occasion post job and conference announcements, so long as they seem relevant to our mission. Below is a new announcement from NDI.—The National Democratic Institute for International Affairs (NDI) seeks to hire a lawyer or legislative staff professional with international law/legal experience to provide legal expertise in implementing the constitutional

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Published on September 17, 2009
Author:          Filed under: Job postings, Somalia, Tom Ginsburg
 
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Whither Chinese Constitutionalism in the 21st Century?

China’s constitution has been described (by Professor Donald Clarke) as the least important document in the Chinese legal system. But constitutional discourse is clearly becoming more important in Chinese law politics, as highlighted by the recent high profile arrest and subsequent release of Xu Zhiyong, a lawyer associated with the Open Constitution Initiative. Like other

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Published on September 9, 2009
Author:          Filed under: China, hp, Mexico, Tom Ginsburg
 
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Constitutional implications of Japan’s upcoming election

Japan’s Lower House elections will occur in a few days time on August 30. The Liberal Democratic Party (LDP), which has run Japan more or less continuously since its formation since 1955, is widely expected to go down to defeat. The opposition Democratic Party of Japan (DPJ) is expected to take the lead role in

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Published on August 21, 2009
Author:          Filed under: hp, Japan, 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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Notable new book on the constitutionalization of international law

It’s rare to come across a collection of papers and to feel that one may be witnessing something fresh and important, the birth of a field, or at least a subfield. But I’ve had that experience twice this year – once this spring, when I got my hands on the recent “Rule by Law” collection

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Honduras: The Relevant Provisions

The discussion of Honduras’ constitutional crisis has focused on the military coup removing President Zelaya and installing a replacement. The coup raises intriguing issues concerning the Constitution of 1982 and its attempt to avoid the problem of extending the executive term beyond constitutional limitations. As we have frequently written about on this site, executive “overstay”

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Published on July 8, 2009
Author:          Filed under: hp, term limits, Tom Ginsburg
 
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Term Limits at Issue in Niger, Philippines

The role of term-limit extensions as a motive for constitutional change has been a consistent theme on this blog. We earlier commented on the proposal by Niger President Tandja to have a referendum on a new constitution to allow him to run again for office after his second term expires this year. That referendum is

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Published on June 9, 2009
Author:          Filed under: hp, term limits, Tom Ginsburg
 
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Niger President joins those seeking to extend term

In Niger, President Mamadou Tandja has joined the ranks of world leaders seeking to amend national constitutions to do away with term limitations. The 70-year old Tandja, coming to the end of his second term, has initiated plans to hold a referendum on a constitutional amendment to do away with term limits. As we have

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Published on May 10, 2009
Author:          Filed under: hp, term limits, Tom Ginsburg
 
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New bloggers on the way

We hope to expand the substantive coverage of topics in our forum beyond the processes of constitutional formation and issues of constitutional design, so as to also include constitutional cases and other topics of interest. We will soon welcome posts from Professor David Fontana of George Washington University Law School, one of the leading you

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Published on May 7, 2009
Author:          Filed under: Tom Ginsburg