Author: dlandau
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Should Egypt Drop the Presidency?
—David Landau, Florida State University College of Law Bruce Ackerman recently wrote an op-ed in the New York Times calling for Egypt to drop the institution of the presidency from its new constitutional order, and instead to use a parliamentary system with a constructive vote of no confidence.
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Of Generals, Judges, and Constitutional Democracies
—Menaka Guruswamy, International Visiting Associate Professor of Law, Columbia University (Fall 2013) Cross-posted from the Blog of the UK Constitutional Law Group On July 3, General Fattah al-Sisi, the 58 year old Chief of the Egyptian Army announced on television that the army had removed President Mohammad Morsi from power and suspended the constitution.
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How the financial crisis has affected constitutions
–Dr. Alkmene Fotiadou, Centre for European Constitutional Law (Athens, Greece) In the comparative chapter of the book Constitutions in the Global Financial Crisis by Xenophon Contiades (ed.), we attempted to trace how the financial crisis impacted formal and informal constitutional change based on data and analysis provided in the book by constitutional scholars from Greece,…
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The Spanish Constitutional Tribunal’s Same-Sex Marriage Decision
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace The Spanish Constitutional Court, in judgment 198/2012 of November 28, 2012, upheld Law 13/2005, which guarantees same-sex marriage in Spain. Prior to the democratic transition that followed the death of Franco and the end of his dictatorship, Spain was characterized by a very religious and conservative…
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The Constitutionalism Debate in China
—Rogier Creemers, Centre for Socio-Legal Studies & St. Antony’s College, University of Oxford Cross-posted from the Blog of the UK Constitutional Law Group Over the past few months, a heated debate about the role of the Constitution in Chinese political life has emerged.
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Striking Down Austerity Measures: Crisis Jurisprudence in Europe
—Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights.
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Says Who?
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law Just in time for my post on symbols, the New York Times picks up the topic as well.
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A Coat of Many Colors
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law In this post, I want to pick up some of the themes I alluded to in my first post and respond to Marc’s observations here and Mark’s observations here.
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?
—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.
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If It Looks Like A Duck…?
—Claudia E. Haupt, Associate-in-Law, Columbia Law School Cross-posted from the Center for Law and Religion Forum at St. John’s University School of Law A growing body of literature in comparative constitutional law discusses themes of constitutional convergence. Do constitutional provisions converge across legal regimes?