Category: Tom Ginsburg
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Senegal: will the Arab Spring travel South?
President Abdoulaye Wade of Senegal has been talking about modifying the Constitution to extend his term in office, joining a long series of African “democrats” who came in as reformers but found presidential trappings to be quite comfortable. Wade, who was a longtime opposition leader, was originally elected to a seven year term, renewable once,…
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Morocco Constitution Approved
Morocco’s new Constitution was overwhelmingly approved by voters in a referndum on Friday, followed by celebrations. As such, the Arab Spring (now Summer?) has its first (mostly) bloodless transition, from an absolute to a constitutional monarchy. Among other things, the new document recognizes Tamazight (the original language of pre-Arab North Africa) as an official language,…
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Supreme Court of Japan rejects national anthem claims
In a series of cases over this past month, each of the three benches of Japan’s Supreme Court ruled that it is constitutional for school principals to order teachers to stand and sing the national anthem (the Kimigayo) at school ceremonies.
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New Hungary Constitution: New Opinions
Our contributor Andrew Arato, along with other leading academics, submitted an amicus brief to the Venice Commission concerning the new Constitution of Hungary. It is in many ways a devastating critique of the new document on both substantive and procedural grounds.
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South Sudan consultation wrapping up
Amid continuing clashes in the disputed region of Abyei, the government of South Sudan is concluding a two-day public discussion of the Transitional Constitution, which will come into effect with the official birth of the state next month. The draft has been criticized by one political group, the Sudan People’s Liberation Movement-Democratic Change, for failing…
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Pakistan’s Supreme Court Leads Again: Transgender Rights
While Pakistan’s military has egg on its face this week, it is important to recall that not all of Pakistan’s institutions are weak or broken. The Supreme Court under Justice Chaudhry continues to play an active role in a judicialized political environment.
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New Developments: Jamaican Charter of Rights and Freedoms
After 17 years of debate and discussion, the Jamaican parliament adopted a Charter of Fundamental Rights and Freedoms earlier this month. It will enter into force once signed by the Governor General. The adoption brings the Jamaican Constitution in line with the trend in commonwealth countries, represented by the UK Human Rights Act 1998 and…
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Transition for a Constitution in Exile
In light of the momentous events in the Middle East, some may have missed an important story out of India: The Dalai Lama has announced his intention to retire and has asked for amendments to Tibet’s “Constitution” to allow him to do so.
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Egypt’s amendments announced
Egypt’s eight-member committee charged with drafting constitutional amendments has announced their proposals. Originally tasked with modifying six provisions, they instead called for eight amendments. [An excellent discussion of the issues at stake, featuring our contributor Tamir Moustafa, can be found here.
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New report on Human Dignity
We have a new report on the protection of human dignity in national constitutional texts, available in the “Reports” section of the website under the “Rights” tab, or directly here. From what we can tell, the concept first appeared in the constitutions of Finland and Estonia in 1919 and spread rapidly after its adoption as…