Blog of the International Journal of Constitutional Law

Tag: Constituent Assembly

  • Symposium on Chilean Referendum Part I: Drafting a Constitution on a Clean Slate

    [Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent Chilean referendum authorizing a new constitution-making process. The symposium was organized by Professors José Francisco García and Sergio Verdugo, whose introduction is available here.] —Rodrigo P. Correa G., Universidad Adolfo Ibáñez On the evening of October 18, 2019, violent street protests, later followed by massive pacific demonstrations, took the Chilean government by surprise.

  • Brazil’s Constitutional Dilemma in Comparative Perspective: Do Chile and Spain Cast Light on the Bolsonaro Crisis?

    Introductory Note: This is an expanded version of an essay originally published in Portuguese by the Correio Braziliense on Monday, July 13, 2020. Here is an English translation. The present essay provides a comparative perspective on Brazil’s current crisis, and provides a global audience with a more detailed account of its constitutional development over the past forty years.

  • The Venezuelan Presidential Crisis: A Response

    —Rafael Macía Briedis, Center for Constitutional Democracy, Indiana University Maurer School of Law In a recent I-CONnect blog post, Rolando Seijas-Bolinaga makes the case for the recognition of Juan Guaidó as the sole legitimate President of Venezuela. Although I certainly agree with his conclusions as to the urgency of replacing Nicolás Maduro at the head of the Venezuelan government, and as to the constitutional viability (if only by analogy) of Guaidó’s claim under Article 233—which states that the president of the legislature shall assume the presidency of the Republic if the latter becomes vacant—, I believe that there is more nuance to the constitutional issue at play than his analysis admits.

  • Putting “Abusive Constitutionalism” and Populism in Perspective

    –Joshua Braver, Tufts University The fear of “abusive constitutionalism” has set the agenda for scholarship on popular constitution-making.  It warns of the danger that “constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease.”[1] The term’s author, David Landau, and fellow traveler William Partlett, are particularly wary of the invocations of the people to call illegal constituent assemblies to create new constitutions that centralize power.

  • Introduction to I-CONnect Symposium: Venezuela’s 2017 (Authoritarian) National Constituent Assembly

    [Editor’s Note: I-CONnect is pleased to feature a special symposium on Venezuela’s Constituent Assembly. The symposium will feature six parts, including this introduction. We are grateful to Professor Raul A. Sanchez Urribarri for partnering with us to host what promises to be an informative, insightful and provocative symposium.]

  • The Chilean Constituent Process: A Long and Winding Road

    —Alberto Coddou Mc Manus, Diego Portales University & University College of London Nowadays, Chile is undergoing a unique constituent process. A longstanding aim of several social movements, the idea of a new constitution now dominates the agenda, and is one of the main commitments of the current government.

  • Nepal: Agree to (have the Supreme Court) Disagree

    —Vikram Aditya Narayan, Advocate, Supreme Court of India Until a couple of decades ago, federalism was nothing more than an academic subject in Nepal. However, it has now become a political reality, with the Parliament/Constituent Assembly deliberating over the manner in which Nepal can and should transform itself under the new Constitution.

  • Tunisia’s New Constitution: Progress and Challenges to Come

    –Zaid Al-Ali (Senior Advisor, International IDEA) and Donia Ben Romdhane (Senior Advisor, International IDEA) [Cross-posted from Open Democracy] In spite of a number of serious challenges, the Tunisian Constituent Assembly – under the people’s ever watchful eye – successfully negotiated a new and modern constitution.