Blog of the International Journal of Constitutional Law

Tag: Bruce Ackerman

  • Old Wine in a New Bottle? A Response to Bruce Ackerman on Presidentialism in Brazil

    —Luiz Guilherme Arcaro Conci, Pontifical Catholic University of São Paulo; João Vitor Cardoso, University of Chile; Estefânia Maria de Queiroz Barboza, Federal University of Paraná; Glauco Salomão Leite Correio, Federal University of Paraíba; and João Paulo Allain Teixeira, Federal University of Pernambuco In his analysis on the backsliding of Brazilian democracy, Professor Bruce Ackerman not only speculates about what sort of outcome is likely to succeed the Bolsonaro government, suggesting what kind of constitution drafting process the country should adopt in order to redeem itself, in reference to Chile, but also goes one step further by suggesting that Brazil should adopt parliamentarianism, in reference to the Spanish model.

  • Why Replacing the Brazilian Constitution Is Not a Good Idea: A Response to Professor Bruce Ackerman

    —Thomas da Rosa Bustamante, Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, Federal University of Minas Gerais; Jane Reis Gonçalves Pereira, Rio de Janeiro State University; Juliano Zaiden Benvindo and Cristiano Paixão, University of Brasília In a provocative piece that was first published in Portuguese and then in an English version on ICONnect, Professor Bruce Ackerman not only suggests the need for a new Brazilian constituent assembly, but also sets a date for it: 2023.

  • Virtual Book Roundtable: “Revolutionary Constitutions,” Featuring Bruce Ackerman in Conversation with Roberto Gargarella and Tom Ginsburg

    —Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin In the latest installment in our video series here at I-CONnect, we feature a roundtable discussion among Bruce Ackerman, Roberto Gargarella and Tom Ginsburg on Ackerman’s new book entitled Revolutionary Constitutions: Charismatic Leadership and the Rule of Law (Harvard 2019).

  • The Oldest-Newest Separation of Powers

    —Yaniv Roznai, Senior Lecturer, Radzyner Law School, Interdisciplinary Center (IDC) Herzliya. Separation of powers is a basic idea within constitutional theory. The principle of separation of powers, as famously described by Montesquieu in his The Spirit of the Laws, centered around three governmental branches: legislative power, executive power and judging power; a separation that was needed for preventing abuse of power through a power-block.[1]

  • Weak-Form Judicial Review as a Way of Legally Facilitating Constitutional Moments?

    —Richard Mailey, University of Trier, Lecturer in English Law and Terminology Since the passage of the Canadian Charter of Rights and Freedoms in 1982, the idea of “weak-form judicial review”[1] has sparked a significant level of academic interest, and has been adopted in amended form by New Zealand and the UK in the framing of their own justiciable bills of rights in the 1990s.

  • Should Egypt Drop the Presidency?

    —David Landau, Florida State University College of Law Bruce Ackerman recently wrote an op-ed in the New York Times calling for Egypt to drop the institution of the presidency from its new constitutional order, and instead to use a parliamentary system with a constructive vote of no confidence.