Blog of the International Journal of Constitutional Law

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Egypt: What’s Next?

Published: 12 August, 2013

--Mohamed Abdelaal, Assistant Professor of Constitutional and Administrative Law, Alexandria University, School of Law Was the overthrow of President Mohamed Morsi on June 30 a popular revolution or a military coup? The debate is outdated. What is more important is that the events of June 30 returned Egypt to square one, right back where it...

The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings

Published: 8 August, 2013

Cross-posted with  permission from the Oxford Human Rights Hub Blog. --Ajey Sangai, Research Associate, Jindal Global Law School Last month marked the 10-year anniversary of Lawrence v. Texas, where the United States Supreme Court ruled that laws that criminalized sodomy were unconstitutional. Like June 26 2013, June 26 2003, was also a historic day for the LGBT...

Why Entrench Formal Amendment Rules?

Published: 5 August, 2013

–Richard Albert, Boston College Law School Constitutional changes, both big and small, are underway in Egypt, Fiji, Tunisia and elsewhere. Constitutional designers in these and other countries face daunting challenges in dividing powers between governmental branches, balancing state prerogatives with individual rights, and managing majority-minority relations. Constitutional designers should also be particularly attentive to their...

Indonesian Constitutional Court Reconsiders Blasphemy Law

Published: 30 July, 2013

–Dr. Melissa Crouch, Postdoctoral Fellow, Law Faculty, National University of Singapore In 2012, a new case challenging the constitutionality of Indonesia’s Blasphemy Law was lodged with the Constitutional Court.[1] Since Indonesia’s transition to democracy, over 150 individuals from minority religious groups have been convicted of blasphemy. The Blasphemy Law in Indonesia confers power on the...

A Theory of Informal Constitutional Change in International Organizations

Published: 23 January, 2013

-- Julian Arato, J.D., LL.M., NYU School of Law My thanks to Tom Ginsburg, Richard Albert, and David Landau for the opportunity to talk about my work on informal constitutional change in international organizations (IO’s) – a process sometimes called constitutional transformation, by contrast to formal constitutional amendment.  I’ll first describe my broader project, and...

The Once and Future Court

Published: 17 December, 2012

--Erin Delaney, Northwestern University School of Law I regret to inform you, should you have been interested in applying for one of the three upcoming vacancies on the Supreme Court of the United Kingdom, that the deadline has passed.  Applications were due at 5pm on October 30.   The Selection Commission will hold interviews for leading...

Jurist’s Prudence: The Indian Supreme Court’s response to institutional challenges

Published: 12 December, 2012

--Rohit De, University of Cambridge On 12th September, 2012, the Supreme Court of India in the case of Namit Sharma v Union of India, ruled on a constitutional challenge to the new Information Commissions set up under the Right to Information Act. The court was responding to a public interest petition that challenged the eligibility...

Egypt’s Constitutional Crisis is Far from Over

Published: 5 December, 2012

--Jill Goldenziel, Lecturer on Government and Social Studies, Harvard College and Lecturer in Law, Boston University School of Law On Sunday's episode of the riveting drama, “Constitutional Crisis in Egypt,” the Supreme Constitutional Court postponed its ruling on the legitimacy of the constituent assembly that hurriedly completed a draft of the new Egyptian Constitution. The judges claimed...

Is Egypt’s Transition to Democracy Really So Stupid?

Published: 11 November, 2012

--William Partlett, Columbia University Law School & Brookings Institution [Editors’ Note: In this forum on Egypt and New Perspectives on Constitution-Making, three young scholars of comparative constitutional law – Ozan Varol, Will Partlett, and David Landau – discuss their recent work on constitution-making and democratic transitions, focusing on Egypt. The work offers counter-intuitive predictions about...

Egypt and the Forgotten Lessons of Democratic Transitions (Or: Democracy is Hard)

Published: 11 November, 2012

--David Landau, Florida State University College of Law [Editors' Note: In this forum on Egypt and New Perspectives on Constitution-Making, three young scholars of comparative constitutional law – Ozan Varol, Will Partlett, and David Landau – discuss their recent work on constitution-making and democratic transitions, focusing on Egypt. The work offers counter-intuitive predictions about the...

The Military, Constitutional Democracy, and Egypt

Published: 11 November, 2012

--Ozan Varol, Lewis & Clark Law School [Editors' Note: In this forum on Egypt and New Perspectives on Constitution-Making, three young scholars of comparative constitutional law – Ozan Varol, Will Partlett, and David Landau – discuss their recent work on constitution-making and democratic transitions, focusing on Egypt. The work offers counter-intuitive predictions about the pace...

The value of case-specific inquiry in comparative constitutional law methodology: Preliminary thoughts and questions

Published: 2 November, 2012

--Claudia E. Haupt, Associate-in-Law, Columbia University What exactly are we doing when we engage in comparative constitutional inquiry? How do we choose the parameters of comparison? How do we determine whether we ought to engage in a large sample size (or large-N) or a small sample size (or small-N) study? Unsurprisingly, the reflexive answer is:...

Our Electoral Exceptionalism

Published: 23 October, 2012

--Nicholas Stephanopoulos, Assistant Professor, University of Chicago In all countries that employ single-member districts (or small multimember districts), redistricting is a vital issue.  How districts are drawn influences, among other things, how competitive races will be, how many members of minority groups will be elected, and which party will control a majority in the legislature....

Explaining Improbable Cases of Judicial Independence: The Example of Uganda

Published: 15 October, 2012

--Johanna Kalb, Loyola University, New Orleans In a recent editorial in the Daily Monitor, law professor Busingye Kabumba of Makerere University in Kampala describes the country’s 1995 Constitution as “essentially an illusion.”[1]   While the first article of the Ugandan Constitution gives “[a]ll power to the people,” Professor Kabumba suggests that the shared perception among Ugandans...