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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Posts tagged "constitutional amendment"
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“Quasi Constitutional” Status as *Not* Implying a Form Requirement

—Maxime St-Hilaire, Faculté de droit, Université de Sherbrooke In his post on this blog, Adam Perry writes that the British cases on what are known in the UK as constitutional statutes (and in Canada as quasi–constitutional statutes) “have been very controversial in constitutional circles”, whereas, by contrast, “the Canadian cases caused barely a ripple.” I would

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Published on August 8, 2017
Author:          Filed under: Analysis
 
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Constitutional Amendments in Georgia: Towards Parliamentarism

—Malkhaz Nakashidze, Fulbright Visiting Scholar, Boston College Law School; Assocoate Professor, Batumi Shota Rustaveli State University School of Law On December 15, 2016, the Parliament of Georgia created the State Constitutional Commission.[1] The aim of the Commission was to elaborate the Draft law on revision of the Constitution of Georgia in the interest of the long-term democratic development

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Published on May 12, 2017
Author:          Filed under: Developments
 
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“Constitutional Dismemberment” and Political Crisis in Brazil: Populism in Sight?

—Juliano Zaiden Benvindo, University of Brasília Jon Elster once wrote that “… the task of constitution-making generally emerges in conditions that are likely to work against good constitution-making.”[1] Passion – as he puts it – prevails over reason in such turbulent circumstances. When it comes to other forms of substantial constitutional change, such as what

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Published on May 6, 2017
Author:          Filed under: Developments
 
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What’s at Stake in the Turkish Constitutional Amendment Proposal

–Ilayda Gunes, The University of Chicago Law School In the wake of the failed coup attempt of July 15, 2016, Turkey has been struggling to heal its wounds under a state of emergency. Apart from the loss of hundreds of lives and more than 2,000 injured in clashes during the abortive coup, the country has also

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Published on April 14, 2017
Author:          Filed under: Developments
 
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The Italian Constitutional Challenge: An Overview of the Upcoming Referendum

—Lorenza Violini, Full Professor of Constitutional Law, University of Milan, and Antonia Baraggia, Post-doctoral Fellow, University of Milan As it is well known, Italy is in the midst of a great constitutional reform, which–if approved by the referendum that will be held on December 4th–will modify 47 Articles of the Constitution (corresponding to 33% of the

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Published on December 2, 2016
Author:          Filed under: Developments
 
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Preservationist Constitutional Amendments and the Rise of Antipolitics in Brazil

—Juliano Zaiden Benvindo, University of Brasília Ran Hirschl, in his book Towards Juristocracy, raises a very thorough argument on how political, economic, and judicial elites have strategically used Supreme Courts as “a form of self-interested hegemonic preservation.”[1] As a way of keeping many of their interests virtually untouched for years, especially in democratic and pluralistic

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Published on October 26, 2016
Author:          Filed under: Developments
 
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Virtual Bookshelf: Understanding Constitutional Change in Canada–A Review of “Constitutional Amendment in Canada,” Edited by Emmett Macfarlane

—Richard Albert, Boston College Law School In his influential though dated study of formal amendment difficulty, Donald Lutz examines the amending procedures for 32 countries and concludes that the United States Constitution is the most difficult to amend.[1] Notwithstanding the all-important questions raised by Tom Ginsburg and James Melton–whether and how much the amending rule matters

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Published on September 21, 2016
Author:          Filed under: Reviews
 
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The Brazilian Constitutional Amendment Rate: A Culture of Change?

—Juliano Zaiden Benvindo, University of Brasília Tom Ginsburg and James Melton, in their fascinating article “Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty, raise a powerful argument against the well-worn claim that the number of amendments is directly related to the flexibility of constitutions.[1] Their argument,

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Published on August 10, 2016
Author:          Filed under: Analysis
 
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“De-constitutionalism” in Turkey?

–Dr. Ali Acar, Ph.D. in Law, EUI Can “de-” be a modifier to describe the constitutionalism in a country? [1] This is what Prof. Kemal Gözler, a constitutional law scholar, has termed the current state of constitutionalism in Turkey.[2] He argues that Turkey undergoes a process of de-constitutionalism through various ways and practices of constitutional

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Published on May 19, 2016
Author:          Filed under: Analysis
 
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Closing Remarks at Symposium on “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment”

[Editor’s note: In 2014, I organized the inaugural AALS Academic Symposium. The subject of the Symposium was “Comparative Constitutional Change: New Perspectives on Formal and Informal Amendment,” and the program was held in New York City at the AALS Annual Meeting. Half of the papers have been published in the latest issue of ICON; the other

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Published on December 9, 2015
Author:          Filed under: Analysis