Category: hp
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Kabul Update: Constitutional Confusion Continues
Along with its myriad other problems, Afghanistan finds itself in a continuing state of constitutional confusion as to what body has the authority to interpret the constitution. Given the total stalemate between President Karzai and the parliament, this is a grave state of affairs that threatens to exacerbate the political gridlock.
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On this Day in the History of Comparative Constitutional Law
On this day, we remember the first woman appointed to the Supreme Court of Canada: Bertha Wilson, born on September 18, 1923, in Kirkcaldy, Scotland. Justice Wilson was a comparativist. In two of the most controversial judgments issued during her tenure, she looked to American constitutional law and the American constitutional tradition to help her resolve a…
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The Declining Influence of the United States Constitution
Mila Versteeg and I have just posted to SSRN a paper that might be of interest to readers of this blog entitled “The Declining Influence of the United States Constitution“. It follows up on an earlier article, imminently forthcoming in the California Law Review, in which we took a very bird’s eye view of the…
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Libya update
The document that I commented on last week was never put into force; instead, the Transitional National Council issued a revised Transitional Constitutional Declaration. A thoughtful analysis by Zaid Al-Ali is here. Fortunately, the cramped timetable offered in the previous draft has been extended.
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Troubling South African Chief Justice Nomination
South African President Jacob Zuma has nominated the most conservative Justice on the South African Constitutional Court to be Chief Justice. Justice Mogoeng Mogoeng unfortunately has a troubling record to lead a Court that is supposed to bring about transformation in the nation.
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Thoughts on the Draft Transitional Constitution for Libya
As the tides shift in Libya, the rebels have released a draft constitution for the transitional period. It calls for a democratic political regime (Art. 4), accession to human rights instruments (Art. 7—Libya is already a member of all the core international instruments) and the rule of law (Arts.
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What country was this anyway? Suit to disqualify president of Zambia from running
In the constitutional non-sequiter department: Zambia is gearing up for a presidential election, and incumbent Rupiah Banda, seeking a second elected term, has just been hit with a lawsuit seeking to disqualify him from running. The Zambian Constitution, Art. 34, provides for the qualifications for the presidency.
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The Wisdom of Crowds: Iceland citizen’s commission submits draft
Iceland’s Constitutional Council, composed of 25 ordinary citizens publicly elected by their peers, has submitted its draft constitution he to the Althingi, the country’s parliament. The Council had posted the draft constitution on the net in April, and worked through many re-drafts in response to 3600 written comments from the public.
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Japan update: Kimigayo lawsuits fail once again
The Tokyo District Court rejected an attempt by Tokyo schoolteachers to nullify the punishments they received for refusing to participate in ceremonies involving the national anthem. This is consistent with the earlier Suphttp://www.blogger.com/img/blank.gifrme Court decisions we noted here as well a more recent decision by the Supreme Court in July that rejected similar appeals from…
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Japan update: Kimigayo lawsuits fail again
The Tokyo District Court rejected an attempt by Tokyo schoolteachers to nullify the punishments they received for refusing to participate in ceremonies involving the national anthem. This is consistent with the earlier Suphttp://www.blogger.com/img/blank.gifrme Court decisions we noted here as well a more recent decision by the Supreme Court in July that rejected similar appeals from…