Category: Jason Gluck
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Libya’s Constitution: Take it Slow
More reflections on the time line currently being considered by Libya’s National Transitional Council and other considerations for the forthcoming constitution making process here: http://www.usip.org/publications/extending-libya-s-transitional-period-capitalizing-the-constitutional-moment
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Morocco Quiety Reforms Constitution
Without the fanfare (or violence) of Egypt and Tunisia, it seems the Arab Spring is leading to real reform in Morocco. A good summary of the constitutional changes proposed by the King. To be put to national referendum July 1. http://www.washingtonpost.com/blogs/right-turn/post/a-king-a-speech-and-a-new-constitution-for-morocco/2011/03/29/AGSximcH_blog.html
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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.
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Independent Institutions in Iraq
The Iraq Federal Supreme Court (FSC), following a petition by Prime Minister Maliki’s office, has just ruled that independent commissions such as the Independent High Electoral Commission (IHEC) and the Central Bank of Iraq are to be attached to the executive branch.
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Ambiguities in Iraq’s Constitution
Last week I participated in a fascinating conference hosted by the National Constitution Center and University of Pennsylvania Law School that waded neck deep into Iraqi constitutionalism, and federalism in particular. I argued that among the problems with the federal framework established by the Iraq Constitution is that it is both ambiguous and internally inconsistent…
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Government Formation and Iraq’s Constitution
If reports of a breakthrough in formation of a new Iraqi government are to believed (a questionable proposition), it is worth noting two ways Iraq’s Constitution has been implicated in the unmitigated disaster that has been the failure to form a government almost seven months after Iraq’s parliamentary elections.
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The Iraq Judiary: A Correction and Apology
I feel compelled to update my March 31 post about the Iraq Federal Supreme Court’s recent ruling on the meaning of “largest Council of Representatives bloc” in Article 76 of the Iraq Constitution. I maligned the Court for ruling that the phrase referred to post-election coalitions (multiple party lists that come together to form a…
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Iraq’s Bush v. Gore?
A Special Iraqi Electoral Court today waded even deeper into political and electoral waters, ordering a partial recount of votes cast in last month’s parliamentary election. http://www.nytimes.com/2010/04/20/world/middleeast/20iraq.html?hp In so doing the court upset the Independent Higher Electoral Commission’s certification of the results and has played right into the hands of Prime Minister Nouri Al-Maliki, who…
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A Step Backwards for the Iraq Judiciary
The Iraq judiciary has made great strides in its capacity and independence since the fall of the Saddam regime, as demonstrated by brave and politically unpopular decisions made in the name of fair and impartial adjudication. In 2008 the Iraq Supreme Court vacated the Council of Representative’s decision to strip a parliamentarian’s immunity so he…
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Popular Consultation in Sudan
Tom, you’re right to highlight Sudan as a possible “hot spot” for constitutional reform in 2010 (and beyond), but not necessarily in the context of “crisis.” This isn’t to say some sort of crisis is out of the question (or even unlikely), but it is not the only scenario in which meaningful constitutional reform might…