—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.
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
(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
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
–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
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
—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
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
—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
—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