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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "democracy"
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Democratic Erosion and Militant Democracy

–Tom Ginsburg and Aziz Huq, The University of Chicago Law School In 1937, the German political scientist Karl Loewenstein published a two-part article that coined the term militant democracy.[1]  Concerned with the inadequate democratic response to the rising threat of fascism, he called for a set of legislative and legal techniques that would allow democracy

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Published on October 18, 2018
Author:          Filed under: Developments
 
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I-CONnect Symposium on “Constitutional Boundaries” — Constitutional Theory and Boundary Problems: Some Reflections

[Editor’s Note: This is the first entry in our symposium on “Constitutional Boundaries.” The introduction to the symposium is available here.] –Lael K Weis, Senior Lecturer, The University of Melbourne, Melbourne Law School The invitation to participate in the Constitutional Boundaries Workshop provided me with an important opportunity to reflect on the development and trajectory of my early career

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Published on April 23, 2018
Author:          Filed under: Analysis
 
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Populist Constitutionalism & The Democratic Minimum Core

—Rosalind Dixon, University of New South Wales [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.] Democratic “populism” is on the rise worldwide. In the last decade, Latin America has seen a wave of populist, neo-Bolivarian political change; Hungary

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Published on April 26, 2017
Author:          Filed under: Analysis
 
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Was the Brexit Referendum Democratic?

Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. —Stephen Tierney, University of Edinburgh The past three weeks have seen a steady backlash against the referendum. It is understandable that many don’t like the outcome, after all 48% voted for Remain. But beyond disagreeing with the decision to leave

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Published on July 28, 2016
Author:          Filed under: Analysis
 
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Do All Democracies Need Party Dissolution Mechanisms?

—Brian Christopher Jones, Liverpool Hope University Although it may appear harsh or severe, the ability of many democracies to dissolve political parties based on the (supposedly) “unconstitutional” or “anti-democratic” nature of their existence is an inherent constitutional feature of many states. Democracy, it appears, must at times protect itself from threat or collapse. Perhaps the most

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Published on June 8, 2016
Author:          Filed under: Analysis
 
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Going Against the Consociational Grain: The Debate on the Dutch Advisory Referendum Act and the Ukraine-EU Association Agreement Referendum

—Reijer Passchier & Wim Voermans, Leiden University On April 6, 2016, the Netherlands held the first referendum under its new Advisory Referendum Act of 2015 (Wet raadgevend referendum)[1] and the third national referendum in two centuries.[2] This was a test on a highly controversial issue: Dutch political (consocialist) culture and referendums do not mix well. The referendum

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Published on June 1, 2016
Author:          Filed under: Analysis
 
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Virtual Book Review Roundtable: “Unfit for Democracy” Featuring Stephen Gottlieb, Peter Quint and Dana Schmalz

—Richard Albert, Boston College Law School In this latest edition of our virtual book review roundtable series here at I-CONnect, Peter Quint and Dana Schmalz comment on Stephen Gottlieb’s new book entitled Unfit for Democracy: The Roberts Court and the Breakdown of American Politics, published earlier this year by New York University Press. Though it is

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Published on May 6, 2016
Author:          Filed under: Reviews
 
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The Democratic Recession and the “New” Public Law: Toward Systematic Analysis

—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law 2016 thus far has been marked by democratic backsliding and constitutional crises worldwide: European Commission ‘rule of law’ investigations into Polish laws on the Constitutional Tribunal and media;[1] Turkish President Erdoğan’s insistence that he will not comply with decisions of the Constitutional Court or the

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Published on April 22, 2016
Author:          Filed under: Analysis
 
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The Top Constitutional Events Of 2014

  2014 was a landmark year for governments around the world. Here are some of the most important constitutional events of the past twelve months, brought to you by the Comparative Constitutions Project and Constitute.   Jan|Feb|Mar|May|Jun|Sept|Oct|Nov|Dec     January: Egypt Holds Constitutional Referendum On January 24, 2014, poll results showed that Egyptian voters approved

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