Category: Developments
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Leadership Transition in Africa: Perspectives from Ghana & Ethiopia
—Gedion T. Hessebon, SJD Candidate, Central European University, Budapest and Assistant Lecturer Addis Ababa University (on leave), African Network of Constitutional Lawyers —Laura-Stella Enonchong, University of Warwick, African Network of Constitutional Lawyers In much of Africa and other fragile democracies, succession to the helm of national leadership often creates a lot of uncertainty.
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Canadian Election Administration Goes to Court
—Michael Pal, SJD Candidate and Trudeau Scholar, Faculty of Law, University of Toronto Prior to yesterday’s eagerly anticipated decision in Opitz v. Wrzesnewskyj, 2012 SCC 55 [“Opitz”], the Supreme Court of Canada had not been called upon to resolve a disputed election since 1942, when the Court annulled the result of a federal district election.
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Will Democracy and Constitutionalism Mix in Myanmar?
—Dominic J Nardi, Jr, University of Michigan Department of Political Science Myanmar’s[1] constitution – adopted after a controversial referendum in May 2008 – created the country’s first constitutional court in half a century. Initially, few if any observers believed the Constitutional Tribunal would play a significant role.
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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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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…