Blog of the International Journal of Constitutional Law

Tag: constitution-making

  • Transnational Constitutional Dialogues: Searching for New Songs of Freedom

    —João Vitor Cardoso, Universidad de Chile [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] In The Black Jacobins, James (1989, 317)  recounts an absolutely dramatic scene as part of a confrontation between the French Army and the people of Haiti: “The [French] soldiers still thought of themselves as a revolutionary army.

  • I-CONnect Symposium on the Chilean Constitutional Referendum – Participation, representation and deliberation in constitution-making: tentative ideas from the Chilean case

    —Esteban Szmulewicz Ramírez, Leiden University and Universidad Católica del Norte, Chile[1] On September 4, 2022, Chile held a referendum on a new Constitution, drafted by a directly elected Constitutional Convention. The proposed text introduced interesting innovations, like gender parity in representative institutions, a high degree of decentralization through a so-called “regional State”, clear concern for climate change and the protection of the environment, recognition of indigenous rights, among many other features.[2]

  • Book Review: Donald L. Horowitz’s “Constitutional Processes and Democratic Commitment”

    [Editor’s Note: In this installment of I•CONnect’s Book Review Series, David Landau reviews Donald L. Horowitz’s Constitutional Processes and Democratic Commitment (Yale University Press, 2021).] —David Landau, Florida State University College of Law Twenty-seven years ago, Jon Elster noted that there were few thorough, high-quality studies of the process of constitution making around the world.

  • The New Chilean Constitutional Project in Comparative Perspective

    —David Landau, Florida State University College of Law[1] The new Chilean constitutional text was delivered by the Constitutional Convention to President Gabriel Boric in a ceremony on July 4, 2022. This ended the year-long Constitutional Convention, itself sparked in large part by a set of massive social protests in 2019.

  • Constituent Power and the Politics of Unamendability

    —Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law; Rehan Abeyratne, The Chinese University of Hong Kong, Faculty of Law; and Ngoc Son Bui, The University of Oxford [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]

  • ICON Volume 19, Issue 1: Editorial

    We invited Marcela Prieto and Sergio Verdugo, I•CON’s Associate Editors, to write a Guest Editorial. Understanding Chile’s constitution-making procedure* For good or bad, Latin America has seen several constitution-making processes in the past decades, including the cases of Brazil (1988), Colombia (1991), Perú (1993), Ecuador (1998 and again in 2008), Venezuela (1999), and Bolivia (2009).

  • Does Popular Participation in Constitution-Making Matter?

    —Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] I·CONnect has recently published a series of excellent essays on the constitution-making process that will soon begin in Chile.

  • 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.

  • Introduction: Symposium on Chile’s Constitution-Making Process

    [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, who have written today’s introduction to the symposium.] —José Francisco García, P.

  • The Constitutional Reform Referendum in Chile: Balancing Democracy and Elite Accommodation

    —Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity, and Rodolfo Disi Pavlic, Temuco Catholic University [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.]