10/02/2021
Presidential Self-Pardon
01/02/2021
The Golden Dawn case: An Exercise in “Constitutional Dismemberment”[1] and Constitutional Continuity
04/12/2020
Swiss votations on November 29, 2020
29/09/2020
Votations in Switzerland on September 27, 2020
10/02/2020
Swiss votations on February 9, 2020
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Welcome to the Constitution-Making and Constitutional Change blog by the Research Group of the IACL

Here is the official blog of the research group on constitution-making and constitutional change operating under the International Association of Constitutional Law. This is a blog open to all. We hope to provide a forum for interaction and discussion on all topics related to constitution-making and constitutional change. Lets share information and analysis of the ongoing developments in our countries and the relevant theoretical debates: lets blog.

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.
by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary This short note argues that the term illiberal constitutionalism shall be used when describing the constitutional system of a particular state in the process of backsliding from the state of constitutional democracy towards an authoritarian regime. The main argument of those who oppose this term is that constitutionalism cannot be anything else but liberal. Neither Hungary nor Poland can nurture constitutionalism anymore because there are no effective constraints on public power.
by Antoni Abat Ninet, Professor of Constitutional Law, University of Copenhagen, Denmark After 500 days of pre-trial detention, and facing charges of rebellion and sedition (among others) which carries a maximum of 30 years in prison, it found guilty, former Catalan representatives and grassroots activist had finally the possibility to be heard by the Supreme Court in Madrid. A court on which there are reasonable doubts about their competence to deal with this trial.

Publications

05/02/2021
New Challenges to Constitutional Adjudication in Europe: A Comparative Perspective
05/02/2021
Democratic Decline in Hungary: Law and Society in an Illiberal Democracy
05/02/2021
Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications
03/02/2021
Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary
03/02/2021
Judicial Law-Making in European Constitutional Courts
03/02/2021
The Law and Legitimacy of Imposed Constitutions
03/02/2021
Asymmetry, Multinationalism and Constitutional Law: Managing Legitimacy and Stability in Federalist States
03/02/2021
Rule of Law, Common Values, and Illiberal Constitutionalism: Poland and Hungary within the European Union
03/02/2021
Dynamic Federalism: A New Theory for Cohesion and Regional Autonomy
03/02/2021
Populist Challenges to Constitutional Interpretation in Europe and Beyond
02/02/2021
Peace, Discontent and Constitutional Law: Challenges to Constitutional Order and Democracy
01/02/2021
Law, Violence and Constituent Power: The Law, Politics And History Of Constitution Making
29/01/2021
Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland
29/01/2021
Icelandic Constitutional Reform: People, Processes, Politics
13/12/2018
The Law and Legitimacy of Imposed Constitutions
11/09/2018
The Nordic Constitutions – A Comparative and Contextual Study
22/03/2018
New Challenges to Constitutional Adjudication in Europe ‒ A Comparative Perspective
22/03/2018
The Transformation or Reconstitution of Europe
19/09/2017
Democratic Decline in Hungary. Law and Society in an Illiberal Democracy
19/09/2017
The Foundations and Traditions of Constitutional Amendment
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Members of the Group

  • Thomas Fleiner,
    Professor Emeritus of Public Law, University of Fribourg, Former President of the Executive Committee of the IACL
  • Cheryl Saunders,
    Laureate Professor, Melbourne Law School
  • Richard Albert,
    Professor of Constitutional Law, Boston College Law School
  • Anneli Albi,
    Professor of European Law, Law School, University of Kent
  • Nicholas Aroney,
    Professor of Constitutional Law, The University of Queensland Australia
  • Ringolds Balodis,
    Professor of Law, University of Latvia
  • Dr. Samo Bardutzky,
    Research Associate, University of Kent Law School
  • Abraham Barrero Ortega,
    Associate Professor of Constitutional Law, University of Seville
  • Omar Bendourou,
    Professor of Constitutional Law, University of Mohammed V at Souissi Morocco
  • Dr. Paul Blokker,
    University of Trento
  • Dr. Malik Boumediene,
    Maitre de conférences, University of Toulouse
  • Joshua Braver, J.D.,
    Yale Law School
  • Xenophon Contiades,
    Professor of Public Law, University of Peloponnese, Director, Centre for European Constitutional Law
  • Ian Cram,
    Professor of Comparative Constitutional Law, University of Leeds
  • Jean-Philippe Derosier,
    Professor, Université de Rouen
  • Rosalind Dixon,
    Professor of Law, Director, Comparative Constitutional Law Project, Gilbert + Tobin Centre of Public Law, Deputy-Director, HSF Law & Economics Initiative, UNSW Australia
  • Tímea Drinóczi,
    Professor, University of Pécs, Faculty of Law, Hungary
  • Massimo Fichera,
    Post-Doctoral Researcher, University of Helsinki
  • Dr. Ilton N. Robl Filho,
    Academia Brasileira de Direito Constitucional
  • Michèle Finck,
    Doctoral Researcher, University of Oxford
  • Alkmene Fotiadou,
    Dr. iur, Centre for European Constitutional Law
  • Jörg Gerkrath,
    Professor, University of Luxembourg
  • Siri Gloppen,
    Professor, University of Bergen
  • Jurgen Goossens,
    Ph.D. Researcher, Public Law Department, Ghent University
  • Tania Groppi,
    Professor of Public Law, University of Siena
  • Irene Sobrino Guijarro,
    Assistant Professor of Constitutional Law, University of Seville
  • Bianca Gutan,
    Professor of Constitutional Law and Human Rights Law, “Lucian Blaga” University of Sibiu
  • Dr. Michael Hein,
    Research Fellow, University of Göttingen
  • Eirik Holmøyvik,
    Associate Professor of Law, University of Bergen
  • Claudia Josi,
    Adjunct Professor, Santa Clara University School of Law
  • Helle Krunke,
    Professor of Constitutional Law, University of Copenhagen
  • Prof.dr. Henk R.B.M. Kummeling,
    Distinguished University Professor and Professor of Constitutional Law, Utrecht University, Extraordinary Professor, University of the Western Cape, South Africa
  • Juha Lavapuro,
    Associate Professor of Public Law, University of Tampere
  • Jónatas E.M. Machado,
    Associate Professor of Constitutional Law, University of Coimbra
  • John F. McEldowney,
    Professor of Law, University of Warwick
  • Giorgi Meladze,
    Center for Constitutional Research, Ilia State University
  • Giorgi Meladze,
    Center for Constitutional Research, Ilia State University
  • David Gwynn Morgan,
    Distinguished Professor of Law at Kuwait International Law School
  • Christina Murray,
    Professor of Constitutional and Human Rights Law, University of Cape Town
  • Anu Mutanen,
    Researcher, LL.D., M.Sc. (Admin.), University of Helsinki
  • Tuomas Ojanen,
    Professor of Constitutional Law, University of Helsinki
  • Gianluca P. Parolin,
    Assistant Professor, The American University in Cairo
  • Alicia Pastor y Camarasa,
    PhD Candidate at University of Louvain
  • Janis Pleps,
    Lecturer of Law, University of Latvia
  • Agustín Ruiz Robledo,
    Professor of Constitutional Law, University of Granada
  • Angel Rodriguez,
    Professor of Constitutional Law, University of Malaga
  • Dr. Yaniv Roznai,
    Assistant Professor, Radzyner School Οf Law, Interdisciplinary Center (IDC), Herzliya, Israel, Post-Doctoral Fellow, Hauser Global Law School, New York University
  • Janne Salminen,
    University of Turku
  • Antoine Sfeir,
    Professor of Law, University of Lebanon
  • Ali Shirvani,
    PhD researcher, Xiamen University
  • Eivind Smith,
    Professor, University of Oslo
  • Zoltán Szente,
    Professor of Law, National University of Public Service, Budapest
  • Ioannis Tassopoulos,
    Associate Professor of Public Law, National and Kapodistrian University of Athens
  • Björg Thorarensen,
    Professor of Law, Faculty of Law, University of Iceland
  • Dario Tosi,
    Professor of Public Law, University of Valle D’ Aosta
  • Nora Camenisch-Ehinger,
    University of Bern
  • Markus Kern,
    University of Bern