Blog of the International Journal of Constitutional Law

Tag: Transformative Constitutionalism

  • Transformative Constitutionalism and the Basic Structure Doctrine: A New Account from Kenya

    —Berihun Adugna Gebeye, Humboldt Postdoctoral Research Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.] On 13 May 2021, the Constitutional and Human Rights Division of the High Court of Kenya handed down an important judgment in David Ndii and Others v Attorney General and Others (BBI judgment).

  • The Challenges of Transformative Constitutionalism – A Reply to Jorge González Jácome

    –Carlos Bernal, Justice, Colombian Constitutional Court[1] I In “The Promise and Peril of “Transformative Constitutionalism,” Jorge González Jácome comments on my earlier post here at I-CONnect on “The Paradox of the Transformative Role of the Colombian Constitutional Court.” González makes seven claims about my post: (a) That I “advanced an argument against the transformative role of constitutional tribunals”; and (b) that I argue that “transformative constitutionalism should be abandoned because it has not been able to fully achieve the goals set by the constitution.”

  • I-CONnect Symposium–Contemporary Discussions in Constitutional Law–Part I: The Paradox of the Transformative Role of the Colombian Constitutional Court

    [Editor’s Note: This is Part I in our Externado symposium on “Contemporary Discussions in Constitutional Law.” The Introduction to the symposium is available here.] –Carlos Bernal, Justice, Colombian Constitutional Court The Colombian Constitutional Court is well-known worldwide for carrying out transformations that political authorities were unable to effectuate.

  • Transformative Constitutionalism in Latin America: A Dialogic Route to Utopia?

    —Leonardo García Jaramillo, Universidad EAFIT, Government and Political Science Department-Colombia[*] In Latin America during the last three decades, the law (and particularly constitutional law) has been changing dramatically both anatomically and physiologically. It has become more widespread and more powerful, transforming its structure and shape, while its functions have grown in a more complex and inter-related way.

  • Symposium on the Constitutionalization of International Law in Latin America

    Editor’s Note: We are pleased to be promote this AJIL Unbound Symposium on the Constitutionalization of International Law in Latin America. AJIL Unbound is the online scholarly companion to the American Journal of International Law. This Symposium, including a thematic introduction and four essays, addresses a subject of interest to scholars of public law and we are delighted to be part of the conversation.