Author: Tom Ginsburg
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New papers on transnational constitutionalism
There are two new papers up on SSRN concerning the contribution of outsiders to the formation and interpretation of national constitutions. As recently previewed here, Rosalind Dixon and Vicki Jackson have a forthcoming paper in Wake Forest Law Review called Constitutions Inside Out: Outsider Interventions In Domestic Constitutional Contests.
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Five Electoral Systems that make even less sense than the Electoral College
–Daniel Lansberg-Rodríguez and Tom Ginsburg, University of Chicago Law School [reprinted from www.foreignpolicy.com] Grousing about our arcane and nonsensical Electoral College, and calling publicly for its end, have by now become time-honored election season traditions in the United States. This year, even the Russians, themselves no paragons of functional democracy, have gotten in on the…
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The Latest Decision on Malapportionment in Japan
–Tokujin MATSUDAIRA, Teikyo University On October 17, 2012, the Japanese Supreme Court released a judgment from the grand bench regarding the constitutionality of the 2010 election of Sangiin (House of Councillors). In that election, the ruling DPP failed to keep its majority in the upper house, launching a period of political chaos.
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Iceland referendum headed for victory
–Tom Ginsburg With two-thirds of the votes counted, it appears that Iceland’s citizen-drafted proposal for constitutional reform is headed for victory. Roughly half of eligible voters turned out for the referendum, which asked voters to consider six different questions covering key aspects of the proposed new Constitution.
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The Travails of an Enfeebled Parliament: The Swazi House of Assembly Reverses a Vote of No Confidence in the Cabinet
–Laura-Stella Enonchong, University of Warwick, African Network of Constitutional Lawyers On 03 October 2012, the House of Assembly of the Kingdom of Swaziland, which has often been regarded as an enfeebled institution, passed a historic vote of no confidence in the Cabinet.
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Thoughts on the German Constitutional Court Decision on the ESM
–Richard Stith, Valparaiso University The German Federal Constitutional Court’s decision of September 12, 2012, has been welcomed by some as signaling yet another political retreat, yet another ”Son of Solange II”. But what should bring joy to the heart of every American comparative law teacher is that, whether retreat or advance, every new “red line” drawn…
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A Review of Iceland’s Draft Constitution from the Comparative Constitutions Project
–Zachary Elkins, University of Texas; Tom Ginsburg,University of Chicago; James Melton,University College London On the heels of an extraordinarily interesting experiment in constitutional design by crowdsourcing, Iceland is headed to the polls this week to test the public’s reaction to the draft constitution.
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Explaining Improbable Cases of Judicial Independence: The Example of Uganda
–Johanna Kalb, Loyola University, New Orleans In a recent editorial in the Daily Monitor, law professor Busingye Kabumba of Makerere University in Kampala describes the country’s 1995 Constitution as “essentially an illusion.”[1] While the first article of the Ugandan Constitution gives “[a]ll power to the people,” Professor Kabumba suggests that the shared perception among Ugandans…
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Venezuela’s Exit from the Inter-American Court
—Alexandra Huneeus, University of Wisconsin Hugo Chavez’s election victory last Sunday bodes badly for the Organization of American States’ Human Rights System. On September 10, 2012, Venezuela denounced the American Convention of Human Rights so as to remove itself from the oversight of the Inter-American Court of Human Rights .
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Venezuela’s Denunciation of the American Convention on Human Rights: A Natural Step for an Illiberal Democracy
–Javier Couso, Universidad Diego Portales, Chile A few weeks ago, on September 6th, the government of Venezuela denounced the American Convention on Human Rights.[1] According to the procedure set by Article 78.1 of the latter, within a year of this official notification Venezuela will no longer be part of this treaty, and thus no longer…