Constitution Making

by Alicia Pastor y Camarasa, PhD Candidate at University of Louvain Following the 2011 revolution in Tunisia, one of the key demands of the people was a change in the political regime. This would represent a break from the authoritarian past, where the 1959 constitutional regime saw the power wholly concentrated in the hands of the President of the Republic. The president enjoyed complete executive prerogative and was not accountable to the legislative chamber. Up until the revolution, the constitution was continuously amended to strengthen presidential prerogatives. Under the 1959 constitution, there was technically a Prime Minister, but the position remained completely under the aegis of the President.
by Yota Negishi, Waseda University; Research Fellow of the Japan Society for the Promotion of Science. Cross-post from I·CONnect, http://www.iconnectblog.com/2017/05/conference-report-imposed-constitutions-aspects-of-imposed-constitutionalism-university-of-nicosia-cyprus/ On 5-6 May 2017, the School of Law of the University of Nicosia hosted the international Conference “Imposed Constitutions: Aspects of Imposed Constitutionalism”, in collaboration with the Research Group on Constitution-Making and Constitutional Change of the International Association of Constitutional Law (IACL), and the Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation.
by Vladan Kutlesic, Belgrade Bussines School, Serbia. This analysis pertains to texts of preambles of constitutions currently in force which were available online, especially on specialized web sites (e.g. Constitution Finder – Richmond University, Google Constitute, IACL database etc.). The purpose of the analysis is to question the positions found in the theory of constitutional law regarding preambles, not only because they were formed through an analysis of a small number of actual preambles, but also because more than half of constitutions currently in force were passed after the year 1990, and a third after the year 2000.
by Agustín Ruiz Robledo Nepal and Spain are separated by more than 8,000 km and they have very different societies and cultures (although I think that the origin of the Spanish flamenco is not so far from Kathmandu). However, Nepal has taken a decision similar to that of Spain almost 40 years ago: to change the unitary State into a federal one. For this reason, I think the Spanish experience maybe useful in Nepal’s present constitutional debate. I will summarize this experience in five ideas that can be applied to Nepal, without committing to many mistakes due to my limited knowledge of the reality of the Himalayan country.
by Prof. Dr. Andrej Zwitter, University of Groningen After 44 years of reign by emergency powers, the Egyptian people forced President Mubarak to resign on 11 February 2011. While Egypt has ratified the International Covenant of Civil and Political Rights (ICCPR) in 1982, since then it has not declared any of its human rights derogations under Article 4 ICCPR as the State of Emergency Mapping Database illustrates.
by Björg Thorarensen The process of constitutional rewriting in Iceland in 2010-2013 was an unprecedented event in modern constitutional democracies as a way of introducing new political and democratic processes. It reflected attempts to come to terms with the consequences of the collapse of the Icelandic banks in 2008 and widespread distrust towards the political parties in Iceland. In June 2010, the Icelandic Parliament, Althingi, passed Act No. 90/2010 establishing a consultative Constitutional Assembly, with the task of revising the constitution.
by Asterios Bouzias, Dr. iur. The “Arab Spring” led to series of constitutional transitions in the countries of the Middle East and North Africa. The process of constitutional change did not follow the same course in all these countries. According to the recent historical experience of the region’s countries, two patterns of constitutional change could be distinguished.

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Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

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Illiberal constitutionalism 2 – constraints on public power

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.

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