amendment

On the occasion of the publication of the book X. Contiades/A. Fotiadou (Eds), Participatory Constitutional Change. The People as Amenders of the Constitution, (Routledge 2017), The Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation organizes a public debate in Athens, Greece on the issue: Popular Participation in Constitutional Amendment
John R. Vile, (Athens: University of Georgia Press, 2016, xv + 266 pp., ISBN: 978-0-8203-4900-8). This book is the culmination of more than 30 years of thinking about the unused Article V convention mechanism and related subjects. I spend the first part of the book exploring the origins of Article V processes and convention precedents in the late eighteenth and throughout the nineteenth centuries. I also examine early legal commentaries on the subject. Although I believe the weight of this evidence, including Alexander Hamilton’s comments in Federalist No. 85, suggest that such conventions can be limited, I note that this specific issue does not appear to have been as prominent in earlier legal and political discourse as it is now, and I examine recent arguments both for and against the limited convention option.
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.

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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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