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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "unconstitutional constitutional amendment"
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Term Limits and the Unconstitutional Constitutional Amendment Doctrine in Indonesia

—Stefanus Hendrianto, Pontifical Gregorian University A controversy surrounding constitutional amendment has surfaced recently in Indonesia, after a veteran politician, Amien Rais, accused the administration of Joko Widodo (or Jokowi) of trying to sway the People’s Consultative Assembly (MPR) to amend the 1945 Constitution so that the presidential term could be extended.[1] Currently, President Jokowi is

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Published on April 13, 2021
Author:          Filed under: Developments
 
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The Straw that Broke the Back of the Constitution? When Quantity Transforms to Quality

—Yaniv Roznai, IDC Herzliya, Harry Radzyner Law School* On October 27, 2020, an extended bench of the Israeli Supreme Court held a hearing in HCJ 2905/20 et al. Regarding the Basic Law: Government, Amendment No. 8 and the Temporary Order (the Alternation of Government), a hearing that was broadcast live. One argument that came up

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Published on February 27, 2021
Author:          Filed under: Analysis
 
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An Unconstitutional Constitutional Amendment? The Strange Case of the Postponement of the 2020 Brazilian Election

—Jairo Lima, Universidade Estadual do Norte do Paraná Among the many impacts the COVID-19 epidemic has had on political and constitutional activity worldwide, the postponement or cancellation of elections has been one of the key issues. According to data from the Institute for Democracy and Electoral Assistance, an institution that monitors electoral processes in the

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Published on July 11, 2020
Author:          Filed under: Developments
 
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District Bar Association, Rawalpindi v. Federation of Pakistan: Marbury-Style Judicial Empowerment?

—Neil Modi, Visiting Researcher, Georgetown University Law Center The Pakistani Supreme Court’s decision in District Bar Association, Rawalpindi v. Federation of Pakistan (2015) serves as a good illustration of an attempt of judicial self-empowerment, akin to a Marbury v. Madison-style moment.[1] By this I mean that the strategy adopted by the court in this case

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Published on December 1, 2019
Author:          Filed under: Analysis
 
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Slovak Constitutional Court Strikes Down a Constitutional Amendment—But the Amendment Remains Valid

—Simon Drugda, PhD Candidate at the University of Copenhagen On January 30, 2019, the Slovak Constitutional Court declared a constitutional amendment unconstitutional. The Court held that the Constitution contains an implicit material core that cannot be changed through the ordinary amendment process. Consequently, if an amendment violates a core provision, it will be struck down.

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Published on April 25, 2019
Author:          Filed under: Analysis
 
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I-CONnect Symposium–Contemporary Discussions in Constitutional Law–Part IV: The Formalist Resistance to Unconstitutional Constitutional Amendments

[Editor’s Note: This is Part IV in our Externado symposium on “Contemporary Discussions in Constitutional Law.” The Introduction to the symposium is available here, Part I is available here, Part II is available here, and Part III is available here.] —Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin The most fascinating question in

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Published on November 3, 2018
Author:          Filed under: Analysis
 
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(Un)Constitutional Amendment No. 95/2016 and the Limit for Public Expenses in Brazil: Amendment or Dismemberment?

–Bárbara Mendonça Bertotti, LL.M candidate at the Pontifical Catholic University of Paraná, Curitiba, PR, Brazil Origin and Objectives of the Amendment n. 95 to Brazilian Constitution The Constitutional Amendment n. 95/2016 to the Brazilian Constitution was a result of a constitutional amendment bill proposed by the President of the Republic and approved by the Brazilian

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Published on August 24, 2018
Author:          Filed under: Analysis
 
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The Rise of Comparative Constitutional Change — Book Review: Reijer Passchier and Alissa Verhagen on “The Foundations and Traditions of Constitutional Amendment”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Reijer Passchier and Alissa Verhagen review The Foundations and Traditions of Constitutional Amendment (Hart 2017), edited by Richard Albert, Xenophon Contiades and Alkmene Fotiadou] –Reijer Passchier[*] and Alissa Verhagen[**] I. The renaissance of an issue The matter of constitutional change is one of the most difficult and challenging issues

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Published on April 4, 2018
Author:          Filed under: Richard Albert
 
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Is Ecuador Heading Towards a Constitutional Crisis?

–Mauricio Guim, S.J.D. candidate and Presidential Fellow in Data Science, University of Virginia School of Law & Augusto Verduga, LL.M. candidate, Universidad Andina Simón Bolívar, Quito, Ecuador The Republic of Ecuador is going through one of the most interesting transitions in the world. This past summer, in a contested election that almost tore the country

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Published on November 1, 2017
Author:          Filed under: Developments
 
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The Colombian Constitutional Court Rules that the Peace Agreement is Mandatory for Three Presidential Terms

–Gonzalo Ramírez-Cleves, Externado University, Bogotá On October 11, the Colombian Constitutional Court issued an important decision that will help to stabilize the peace agreement between the government and the FARC-EP guerrilla group, while maintaining a key role for constitutional supervision over the process. In decision C-630 of 2017, the Court reviewed a recent constitutional amendment

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Published on October 27, 2017
Author:          Filed under: Developments