Category: Tom Ginsburg
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The Right to Rebel in Ghana
This is the third in a series of case studies on the Constitutional Right to Rebel: Ghana ———————————————————————————————— The nation of Ghana was formed in 1957 as a sovereign union between the recently independent British protectorates of Gold Coast and Togoland.
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Right to Rebel in Venezuela
This is the second country study in Tom Ginsburg and I’s ongoing project to identify the potential risks and rewards of a constitutional Right to Rebel – Venezuela has had 26 separate constitutions since independence and the most recent have included various justifications for a popular right to rebel.
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Fidel Castro’s Right to Rebel
Tom Ginsburg and I are currently exploring the causes and effects of “right to rebel” provisions in constitutions. One of the country studies we will be including in our upcoming article on the subject is the following example from Cuban History.
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Libya’s Constitution: Take it Slow
[From the Chicago Tribune] Now that Moammar Gadhafi has fallen, Libya’s victorious revolutionaries should heed Iraq’s missteps as they begin the critical task of political reconstruction, including Iraq’s hurried 2005 constitution-making process. There are as many ways to write a constitution as there are spellings of Gadhafi’s name, and some processes can exacerbate conflict rather…
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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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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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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…