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Blog of the International Journal of Constitutional Law

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  • Andrew Arato on “Egypt’s Transformation: Revolution, Coup, Regime Change, or All of the above?”

    Andrew Arato has kindly contributed the following post: “Egypt’s Transformation: Revolution, Coup, Regime Change, or All of the above?”: Among those who believe that in the modern world democracy is a universal value, all have been inspired, amazed and totally convinced by the Egyptian democratic movement.

  • What is legality worth in an Egyptian transition?: Some initial thoughts.

    Given recent amendments to the Constitution, trying to oust the NDP regime in a formally constitutional manner will delay Mubarak’s formal retirement as head of state for a considerable period and might require significant concessions to current NDP elites. The current Egyptian constitution was enacted in 1971.

  • The Price of Legality in an Egyptian Transition, Part II–some other voices weigh in

    As I noted in my last post, under the current constitutional scheme in Egypt, elites in the ruling National Democratic Party can hold hostage the “legality” of any quick regime change. To recap: Under the current constitution, as soon as the president is forced out, elections must be held within 2 months and must be…

  • Southern Sudan’s Constitutional Review

    On January 21 the Government of Southern Sudan (GoSS) issued a presidential decree for the “formation of the Technical Committee to review the Interim Constitution of Southern Sudan” and to present a final draft of a transitional constitution to the President by April 25.

  • Should He Stay or Should He Go: Negotiation as the Price of Constitutional Legality in an Egyptian Transition

    There is an ingenious device that one finds in the Egyptian constitution—one analogous to some of the “poison pills” that corporations occasionally adopt to prevent hostile takeover. If a President resigns or is otherwise removed, power will be transferred to high officials appointed to their office by the President.

  • Independent Institutions in Iraq

    The Iraq Federal Supreme Court (FSC), following a petition by Prime Minister Maliki’s office, has just ruled that independent commissions such as the Independent High Electoral Commission (IHEC) and the Central Bank of Iraq are to be attached to the executive branch.

  • Comparative Originalism

    Thank you to Tom for noting my book review! I did want to add one thing: The issue of how the courts of other countries interpret their constitutions is relatively understudied. There is a good book with single-country studies from 2007 edited by Jeffrey Goldsworthy (Monash University, Australia).

  • Ambiguities in Iraq’s Constitution

    Last week I participated in a fascinating conference hosted by the National Constitution Center and University of Pennsylvania Law School that waded neck deep into Iraqi constitutionalism, and federalism in particular. I argued that among the problems with the federal framework established by the Iraq Constitution is that it is both ambiguous and internally inconsistent…

  • Government Formation and Iraq’s Constitution

    If reports of a breakthrough in formation of a new Iraqi government are to believed (a questionable proposition), it is worth noting two ways Iraq’s Constitution has been implicated in the unmitigated disaster that has been the failure to form a government almost seven months after Iraq’s parliamentary elections.

  • “… far more onerous than the restrictions found in this Nation.”

    In McDonald v. Chicago, Justice Stevens stated in dissent that “the experience of other advanced democracies . . . undercuts the notion that an expansive right to keep and bear arms is intrinsic to ordered liberty. Many of these countries place restrictions on the possession, use, and carriage of firearms far more onerous than the…