Tunisia

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 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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