Blog of the International Journal of Constitutional Law

Category: constitutional change

  • When to Overthrow Your Government: The Right to Resist in the World’s Constitutions

    Tom Ginsburg, Mila Versteeg and myself have just posted the preliminary version our upcoming article on the Right to Rebel within the world’s written constitutions unto SSRN. The article, which is available for download here, may well be of interest to our fellow scholars, bloggers and constitutional enthusiasts. 

  • Libya’s Constitution: Take it Slow

    More reflections on the time line currently being considered by Libya’s National Transitional Council and other considerations for the forthcoming constitution making process here:

  • Morocco Quiety Reforms Constitution

    Without the fanfare (or violence) of Egypt and Tunisia, it seems the Arab Spring is leading to real reform in Morocco. A good summary of the constitutional changes proposed by the King. To be put to national referendum July 1.

  • Recent Commentary on the Proposed Amendments to the Egyptian Constitution

    Recently, Tom Ginsburg described in this blog some of the proposed constitutional amendments for the Egyptian Constitution and flagged Tamir Moustafa’s brief analysis of them in foreign policy. It is also worth drawing people’s attention to commentary by two other commentators with long experience watching Egyptian constitutional developments.

  • Suharto and Mubarak’s Final Days: Similar Trajectories Leading to Very Different Modes of Transition

    On The New Republic’s website on February 2, 2011, Thomas Carothers suggested that those leading the Egyptian transition might want to draw some lessons from the experience of Indonesia. He notes several aspects of the Indonesian transition from the regime of Suharto to a new regime that, he believes, helped Indonesia achieve what was, in many respects, a remarkably successful transition to robust democracy.

  • Southern Sudan’s Constitutional Review

    On January 21 the Government of Southern Sudan (GoSS) issued a presidential decree for the “formation of the Technical Committee to review the Interim Constitution of Southern Sudan” and to present a final draft of a transitional constitution to the President by April 25.

  • Should He Stay or Should He Go: Negotiation as the Price of Constitutional Legality in an Egyptian Transition

    There is an ingenious device that one finds in the Egyptian constitution—one analogous to some of the “poison pills” that corporations occasionally adopt to prevent hostile takeover. If a President resigns or is otherwise removed, power will be transferred to high officials appointed to their office by the President.

  • New Constitution for the US?

    The Revolutionary Communist Party has issued a new draft constitution for the Socialist Republic of North America. Only the preamble is available on the website; those interested in learning more will have to buy the book. The preamble itself, full of anachronistic language, is over 2700 words long, which would, according to a recent paper of mine on constitutional specificity, make it one of the longest preambles in the world if it were ever adopted.

  • Enacting Constitutionalism

    For readers who might be interested in a paper on the constitutional enactment of independent judicial institutions, may I suggest a paper just published entitled “Enacting Constitutionalism,” in which my coauthor and I focus on the political composition of the constituent body and its implications for the type of institutions enacted.

  • A New Constitution in the Dominican Republic

    The process of constitutional change in the Dominican Republic, which I mentioned in a previous post, has successfully come to an end. On January 26th, after a long, thorough, and civil process (characteristics that have been conspicuously absent in the region’s recent wave of “constitutional revolutions” in Venezuela, Bolivia, Ecuador) a new constitution was promulgated in the Dominican Republic.