Category: hp
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Self Dealing and Legislatures
It is often tempting, or at least convenient, to charge sitting legislatures with the task of constitution writing. These bodies are usually representative and are built to write laws. Why not trust them with higher law too? One concern is the problem of self dealing.
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New reports filing in
As some of you know, we are periodically combing through the Comparative Constitutions Project’s growing dataset on constitutional provisions (of both historical and contemporary constitutions) in order to produce “option” reports on various design provisions. The idea is simply to ensure that drafters know what others have done.
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Constitutional “vibe”
Constitutions and film are rarely mentioned in the same sentence. As far as I know, no watchable film has been made of even the celebrated summer of 1787 in Philadelphia (“Long Hot Summer II” anyone?). Nevertheless, when Dennis Davis, the well known South African judge and constitutional scholar, recommends a film in the genre you…
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Bolivia and the risks of dissensus
In last week’s constitutional referendum in Bolivia, 59% of voters approved of the proposed constitution. As the dust settles from that highly controversial affair, we can begin to make some observations. Some constitutions “get done” through significant compromise, or at least logrolling.
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Bolivia votes on constitutional amendments
“Bolivia is being refounded” said President Evo Morales, as his country went to the polls today to vote on proposed constitutional amendments that would extend his term. The amendments, which are expected to pass by a solid margin, are hardly exceptional in Bolivia (or in Latin America), where constitutions have been frequently amended or replaced.
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Thailand’s Court resolves crisis–for now
Thailand’s Constitutional Court has issued a long-awaited decision disbanding the ruling party (the PPP). The decision had been widely anticipated, given the apparent violations of electoral law by the PPP. It assumed greater importance, however, because of the crisis perpetuated by anti-government protestors.
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Nepal officially starts drafting
Nepal has been engaged in an extended drafting process for over two years, during which time political turmoil and the ending of the monarchy has shifted the landscape significantly. This week the constituent drafting assembly, elected in May, officially launched the process of drafting a permanent constitution, with a deadline of May 2008.
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Russian amendments to extend term?
A frequent source of constitutional death or amendment is executive term limits. After serving two terms, former President Putin successfully re-engineered the Russian Constitution to facilitate his election as Prime Minister, allowing him to remain in office so long as he has the support of parliament (presumably a very long time.)
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Ecuador’s Constitution takes effect
Ecuador’s new constitution was confirmed last week and took effect yesterday. Following the leftward trend in Latin America, the document guarantees rights to clean water, pensions and health care, while also allowing President Rafael Correa to serve another term potentially. Elections will be held in February.
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Iraq’s Constitutional Review
For almost two years Iraq’s Constitutional Review Committee (CRC) has been working on a package of constitutional amendments to submit to the Council of Representatives (CoR) and then for popular referendum. This tumultuous process has witnessed highs (the May 23, 2007 interim report that included several substantive amendments that would have fundamentally altered the constitutional…