Constitutional Change

by David Gwynn Morgan For too many generations, Western (or Western-dominated) Law Schools have taught the Separation of Powers, in its classic Greek polis -originated form, not forgetting to mention Montesquieu (and be sure to get the spelling right ). The trouble with the Separation of Powers is that it originated for a form of government entirely different from the modern administrative state.
by Prof. Dr. Zoltán Szente In September 2013, the National Assembly of Hungary adopted the fifth amendment of the Fundamental Law of 2011. This modification, similarly to the basic law and all of its modifications, was voted only by the MPs of the government coalition, but, as the Government has a constitution-making (that is a two-thirds) majority in Parliament, it was enough to adopt it.
by Xenophon Contiades Before the constitutional revision process begins in Greece it is crucial to focus on the influence exerted by the crisis on the dialogue about constitutional revision. Could it be, that to amend a Constitution in the midst of a crisis is not a wise choice?
by John McEldowney The UK is undergoing a period of rapid constitutional change and innovation. The Labour Government elected in 1995, implemented a number of constitutional changes mainly because of election manifesto promises including: Devolution to Scotland, Wales, and Northern Ireland, a newly elected Mayor and London Assembly; the Human Rights Act 1998; partial reform of the House of Lords in 1999 and also the Constitutional Reform Act 2005, with the creation of a Ministry of Justice and the setting up of a UK Supreme Court.

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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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