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  • Amending the Egyptian Constitution: Six critical articles that test the military’s commitment to democracy

    The most important announcement last week from the Egyptian Supreme Council of the Armed Forces was that it had appointed a committee to amend the Egyptian Constitution. The committee, chaired by retired judge Tariq al-Bishri, was tasked to draft constitutional amendments within 10 days, followed by a national referendum on the proposed amendments within two…

  • A sad postscript to the Ugandan High Court anti-gay hate speech ruling

    A sad postscript to the Ugandan High Court ruling against the Ugandan tabloid “Rolling Stone” (no relation to the American magazine) that had outed gays and urged that they be killed, discussed previously on this blog here and here. The three named plaintiffs in the case, all very brave gay rights advocates, had argued that…

  • The French Connection

    I am about to spend a month teaching comparative constitutional rights at the Univ. Paris II Institute for Comparative Law and have been reading a lot of material related to French constitutional law, as well as about French attitudes towards U.S.

  • Does Egypt Need a New Constitution?

    (cross-posted by Tamir Moustafa from foreignpolicy.com As street protests in Egypt witnesses its third week, we hear frequent calls for a new Egyptian constitution. The April 6th Youth movement reiterated its demand that Mubarak step down from power immediately and that a transitional coalition government lead a process of transition, including the drafting of a…

  • 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.

  • 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.

  • Egyptian developments

    President Mubarak has announced he will step down, supposedly in accordance with constitutional procedures in September. http://www.cnn.com/2011/WORLD/africa/02/01/egypt.protests/index.html?hpt=T1&iref=BN1 Many protesters, however, find this to be inadequate. Meanwhile some opposition figures assert they will help develop a drafting process for a new constitution.

  • New report on Human Dignity

    We have a new report on the protection of human dignity in national constitutional texts, available in the “Reports” section of the website under the “Rights” tab, or directly here. From what we can tell, the concept first appeared in the constitutions of Finland and Estonia in 1919 and spread rapidly after its adoption as…

  • French Court Affirms Ban on Gay Marriage

    Yesterday, the French Constitutional Council upheld a law prohibiting gay marriage. The ruling appears to be as much about the institutional relationship between courts and legislatures in France as it is about marriage itself. In its short decision, the Constitutional Council made two points of note.