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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Posts tagged "unconstitutional constitutional amendment"
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Constitutional Amendments in an Age of Populism (I-CONnect Column)

—Aslı Bâli, UCLA School of Law [Editor’s note: This is one of our biweekly I-CONnect columns. Columns, while scholarly in accordance with the tone of the blog and about the same length as a normal blog post, are a bit more “op-ed” in nature than standard posts. For more information about our four columnists for

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Published on July 5, 2017
Author:          Filed under: Analysis
 
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Courts and Public Opinion: The Colombian Peace Process and the Substitution of the Constitution Doctrine

—Jorge González-Jácome, Universidad de los Andes Bogotá After many failed attempts to achieve peace since the 1980s, the Colombian government and the rebel group, FARC, sat down in Havana in 2012 to start a new round of peace talks. Four years later, the two parts have reached a 297-page agreement to finish a five-decade-old armed

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Published on September 28, 2016
Author:          Filed under: Developments
 
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The Unconstitutional Constitutional Amendment Doctrine and the Reform of the Judiciary in Colombia

—Mario Cajas Sarria, Icesi University, Colombia In the past few months, the Colombian Constitutional Court surprised the government, citizens, and legal scholars by issuing two decisions which struck down two bodies created by legislative act 1 of 2015, a constitutional reform that aimed at a broad constitutional overhaul of the separation of powers. The Court

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Published on September 1, 2016
Author:          Filed under: Developments
 
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Video Interview: Constitutional Revision in Greece, Featuring Alkmene Fotiadou

—Richard Albert, Boston College Law School In this installment of our video interview series at I-CONnect, I ask Alkmene Fotiadou whether the recently-proposed constitutional revision in Greece could be unconstitutional. We discuss how the revision–which would be approved by referendum–departs from the formal rules of constitutional amendment in the Greek Constitution, and why, according to Fotiadou, this

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Published on August 13, 2016
Author:          Filed under: Developments
 
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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
 
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The Honduran Constitutional Chamber’s Decision Erasing Presidential Term Limits: Abusive Constitutionalism by Judiciary?

—David Landau, Florida State University College of Law & Brian Sheppard, Seton Hall University School of Law The recent decision of the Constitutional Chamber of Honduras annulling a series of constitutional and legal provisions that prohibited presidential reelection and made that prohibition unamendable was a troubling one. The same political forces that previously ousted ex-President

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Published on May 6, 2015
Author:          Filed under: Developments, Uncategorized
 
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There are Still Judges in Berlin: On the Proposal to Amend the Ecuadorian Constitution to Allow Indefinite Presidential Reelection

—Carlos Bernal Pulido, Macquarie Law School Es gibt noch Richter in Berlin!, There are still judges in Berlin! was the well-known acclamation of the humble miller, when he learned that the Prussian King Frederick II, the Great, had ordered the demolition of his mill obstructing the views of the new royal palace in Potsdam. The

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Published on September 10, 2014
Author:          Filed under: Developments
 
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?

—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty. The court using

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Published on June 10, 2013
Author:          Filed under: Analysis