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Blog of the International Journal of Constitutional Law

Category: hp

  • New Report on Ombudsman

    We have recently posted a new report on constitutional provisions on the Ombudsman. The ombudsman is originally a Scandinavian institution, dating at least back to Sweden’s 1809 constitutional settlement. But ombudsmen have become popular in many regions of the world, particularly with the spread of human rights movement in the postwar era.

  • Fiji’s Constitution “Repealed”

    Fiji’s unstable constitutional bargain unraveled again last week as President Ratu Josefa Iloilo repealed the country’s constitution and reappointed the military chief as interim prime minister. The move followed a decision by the Court of Appeal, the country’s highest court, to overturn a lower court decision rejecting a challenge to the government’s legality.

  • Afghan Constitutional Crisis Avoided….

    Over the weekend, it was reported that Afghanistan’s Supreme Court ruled that President Karzai can remain in office through the elections now scheduled for August, notwithstanding the explicit provision in Article 61 of the 2004 Constitution that the presidential term will end this May 22 .

  • And now Honduras…

    One of the central findings from our (Elkins, Ginsburg, Melton) study of constitutional change over the last 200 years concerns the role of ambitious executives. Specifically, executives that are hemmed in by term limits or other constraints on their power often seek opportunities to replace or amend the constitution.

  • In Memoriam: Vivien Hart 1938-2009

    Our colleague Vivien Hart, a pioneer in thinking about how the process of making constitutions relates to the consolidation of democracy and human rights, recently passed away. A professor of American studies at the University of Sussex since 1996 and director of the University’s Cunliffe Centre for the Study of Constitutionalism and National Identity since…

  • Cambodia and Parliamentary Immunity

    A constitutional dispute may be brewing in Cambodia, as long-time opposition leader Sam Rainsy is losing his parliamentary immunity at the request of the Ministry of Justice. During the 2008 election campaign, Sam made remarks about the ruling Cambodia Peoples Party (CPP) that were deemed to constitute defamation.

  • The Danger of Constitutional Deadlines

    Alex’s post on the constitutional crisis in Afghanistan — specifically the tension between constitutional deadlines and practical reality — brings to mind similar challenges already encountered by Iraqis as they simultaneously attempt to rebuild a nation, stamp out vestiges of a near civil war, and honor the rule of law.

  • Constitutional Crisis in Afghanistan

    Kabul: Afghanistan is experiencing a complex constitutional crisis concerning the delay of Presidential elections this year, and a fundamental disagreement over what body, if any, has the authority to interpret the post-Taliban constitution ratified in 2004, available here. The immediate crisis is due to the fact that Article 61 of the 2004 Constitution states that…

  • Constitutionalizing Language

    Figure. Proportion of constitutions that specify an official language Constitutions are often about defining a political community. Adding official (or national) language requirements is a powerful — if potentially exclusionary — way to do so. The figure at left, drawn from the just-uploaded report on language provisions (see the reports!),

  • Chavez goes to the polls

    Hugo Chavez goes to the polls today in his second bid to amend the Venezuelan Constitution to eliminate presidential term limits. Should he lose, he has vowed to leave office when his current term ends in 2012; should he win, he hopes to rule for life.