Author: Tom Ginsburg
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USIP Studies of Constitution-Making
The long-awaited volume FRAMING THE STATE IN TIMES OF TRANSITION: CASE STUDIES IN CONSTITUTION MAKING
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Iraqi constitutional failure and external enforcement?
A couple years ago, my co-authors and I published an examination of constitutions drafted under foreign Occupation. We wanted to ask whether constitutions drafted under such circumstances differ in quality and endurance from other constitutions (the answers were generally not). But we also identified a theoretical problem with such constitutions.
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A Culture of Impunity in Niger?
Last week, the interim government of Niger announced a proposed amnesty for the country’s ruling junta in its new draft constitution. State radio channels hailed the action as the best possible outcome for the majority of “social and political forces.” Although the text itself is still being finalized by the constitutional consultative council, the gist…
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Nardi on Thai Constitutional Court
Dominic Nardi has a nice short analysis here of Thailand’s constitutional court
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Constitutional Court of Bosnia and Herzegovina dismisses one of its judges
For better or worse, the Constitutional Court of Bosnia and Herzegovina has for a long time been recognized as one of the most important actors in the integration of post-conflict Bosnian society. The role of the Court in such complicated legal and political circumstances is complex, particularly when its decisions can, and certainly do, have…
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Kenya says yes
With over half of ballots counted, it looks like Kenya’s constitution will indeed be approved by the public. Consistent with pre-referendum polls, the yes position seems to have well over 60% of public support. Remarkably, and surprisingly to many observers, the campaign before the referendum was carried out in a generally peaceful manner.
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The unstable presidentialization of Japan’s parliamentary system
Scholars sometimes speak of the presidentialization of parliamentary systems. Japan’s political constitution has been moving in this disrection since the election of Junichiro Koizumi in 2001. In the Japanese system, MPs of the leading parties function as a kind of “electoral college” choosing as Prime Minister NOT their de facto leader BUT rather someone popular…
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Georgian President seeks new draft
Georgian President Saakashvili on Wednesday submitted to parliament a draft of a new constitution that would limit the power of the presidency. The opposition has opposed the move, and some speculate that Saakashvili is “pulling a Putin”: empowering a prime ministership for himself to occupy once his term ends.
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Serving up Constitutional Kaldreta in the Philippines
So you are the President. For five or eight or twelve years now thing have been humming along nicely and the people love/fear you (circle one). Then you see it. Tiny at first but becoming steadily larger – like an iceberg looming over your prow… term limits.
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and Kyrgyz Republic passes the Constitution
Vote-counting is well under way in Kyrgyzstan. With 90% of precints counted, news reports indicate over 90% support for the new Constitution. No doubt this will be seen as a vote of confidence in the interim Otunbayeva government. Russia’s President Medvedev expressed skepticism about the ability of the parliamentary system to resolve Krgyzstan’s difficulties, including…