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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "unconstitutional constitutional amendment"
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The Constitutional Chamber in El Salvador and Presidential Reelection: Another Case of Constitutional Authoritarian-Populism

—José Ignacio Hernández G., Fellow, Growth Lab-Center for International Development Harvard; Professor of Administrative Law at Universidad Católica Andrés Bello; Invited Professor, Universidad Castilla-La Mancha, and Tashkent University.  A few months after the mass removal of the constitutional judges in El Salvador, the new Constitutional Chamber of the Supreme Court issued ruling number 1-2021, dated

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Published on September 10, 2021
Author:          Filed under: Developments
 
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Constituent Power and the Politics of Unamendability

—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law; Rehan Abeyratne, The Chinese University of Hong Kong, Faculty of Law; and Ngoc Son Bui, The University of Oxford [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] Judicial interventions in

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Published on September 8, 2021
Author:          Filed under: Analysis
 
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Transformative Constitutionalism and the Basic Structure Doctrine: A New Account from Kenya

—Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] On 13 May 2021, the Constitutional and Human Rights Division of the High Court of

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Published on May 26, 2021
Author:          Filed under: Developments
 
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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