Category: Analysis
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A Way Out of Hyper-Reformism? A Project of Constitutional Reorganization and Consolidation in Mexico
—Andrea Pozas-Loyo, IIJ-UNAM Mexico has one of the world’s oldest and most amended constitutions: its 99-year old constitution has been amended 642 times. De jure, Mexico’s constitution is pretty rigid: amendments require three-quarters of the present members of congress and approval of the majority of the states’ legislatures.
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The United States’ Approach to European-Style Family Rights and National Security: The Case of Kerry v. Din
–Francesca M. Genova, University of Notre Dame In June, the United States Supreme Court handed down a case considering marriage, national security, and fundamental human rights that provides a comparison with the European Union system of rights. Unlike the Supreme Court’s blockbuster marriage case this past year, Kerry v.
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Judges, Democracy and the “New Commonwealth Model of Constitutionalism”
—Tom Hickey, Dublin City University Aileen Kavanagh and Joseph Raz are among many supporters of constitutional judicial supremacy who characterise their support as justified despite what they see as its non- or perhaps even anti-democratic nature.[1] They employ the “ends-justifies-the-means” mantra: better to have system that makes “good” outcomes more likely, at the cost of perhaps…
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As Jean-Louis Debré’s Term as President Comes to a Close—Whither the French Constitutional Council?
–Alyssa S. King, PhD Candidate in Law, Yale University; Resident Fellow at the Yale Law School Information Society Project Jean-Louis Debré’s term as President of the French Constitutional Council is now coming to a close. The son of former Prime Minister Michel Debré, who drafted most of the Fifth Republic’s current constitution, was a successor to…
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What Makes Kaczyński Tick?
[Editor’s Note: This commentary first appeared in German under the title “Polens Direktor” in der Spiegel, no. 3/2016, pp. 88-89. It is reprinted with permission from the author.] —Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney; Professor, Centre for Europe, University of Warsaw Without a doubt, Jarosław Kaczyński is not just paramount but also an absolute political…
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The Strange Case of Dr. Jokowi and Mr. Hyde: Religious Freedom at the Crossroads in Indonesia
–Stefanus Hendrianto, University of Notre Dame Since the 2014 election in Indonesia, many have highlighted the rise of President Joko Widodo, commonly known as Jokowi, who came from a humble beginning to beat an establishment figure in Indonesia.[1] One of the highlights of Jokowi’s meteoric rise is his record among religious minorities.
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A Middle Ground for Democratic Accountability: Retention Elections for the House of Lords?
—Brian Christopher Jones, Liverpool Hope University Through the eyes of many the UK House of Lords cannot seem to do anything right. Westminster’s upper house continues to be one of the largest and most disparaged institutions in modern times. Ridicule of the institution predominantly occurs because after more than a century of attempted reform the House…
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Administrative Law 3.0
—Georgios Dimitropoulos, Max Planck Institute Luxembourg On September 15, 2015, President Obama issued an Executive Order that is expected to have a significant influence on US administrative law. The Executive Order — Using Behavioral Science Insights to Better Serve the American People is moreover an important milestone in the 200-year plus history of administrative law that went rather unnoticed.
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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.
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Striking a Difficult Balance: Transitional Justice, Lustration Laws, and Human Rights
—Adem Kassie Abebe, Senior Research Fellow, Max Planck Foundation for International Peace and the Rule of Law Burkina Faso has witnessed two coup d’états in less than twelve months. The first was a popular overthrow of the former president, Blaise Compaore, who was forced out of power in a popular ‘democratic’ coup after demonstrators stormed…