Constitutional Change

Kern-Schmid_10.02.20

Swiss votations on November 29, 2020

by Markus Kern/Fabian Schmid. On November 29, 2020, the Swiss electorate had to vote on two Popular Initiatives: the Popular Initiative “For responsible businesses – protecting human rights and the environment” and the Popular Initiative “For a ban on financing war material manufacturers”
Kern-Schmid_10.02.20

Votations in Switzerland on September 27, 2020

by Nora Camenisch-Ehinger and Markus Kern, University of Bern. Due to a backlog caused by the Covid-19-epidemic, the Swiss electorate had five proposals on its plate on September 27, 2020. In most cantons and municipalities additional decisions had to be taken on cantonal or local issues. The turnout was comparatively high at around 59%, sign of the strong mobilization of the political questions at stake.
Kern-Schmid_10.02.20

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%.
Drinóczi_18.11.19

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.
Drinoczi

Illiberal constitutionalism – a remodelled constitutionalism

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.

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