Tag: constituent power
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Symposium on the Judicial Overhaul in Mexico Part 7: A Predicament of Its Own Making – On the Supreme Court of Mexico’s Conundrum on the Limits of Amendment Powers
—Jaime Olaiz-González, Universidad Panamericana (Mexico City)[1] [Editors’ Note: This is Part 7 of a symposium on the recent constitutional amendments affecting the judiciary in Mexico. The introduction to the symposium can be found here. The symposium pieces are cross-posted at ICONnect (in English) and at IberICONnect (in Spanish).
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Constituent Power as a Circuit of Affections
—João Vitor Cardoso, Universidad de Chile [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] This column offers a discussion about moving beyond theoretical abstractions and exploring the tangible manifestations of constituent power in real-world contexts.
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A Call to Constituent-Power Ethnography
—João Vitor Cardoso, Universidad de Chile** [Editor’s Note: This is one of our ICONnect columns. For more on our 2023 columnists, see here.] That ethnography is no longer the exclusive province of anthropology is undisputed. Within a wide range of disciplines that had taken ethnographic turns, there figures what Kim Lane Scheppele defines as “constitutional…
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Constituent Power and the Politics of Unamendability
—Mara Malagodi, The Chinese University of Hong Kong, Faculty of Law; Rehan Abeyratne, The Chinese University of Hong Kong, Faculty of Law; and Ngoc Son Bui, The University of Oxford [Editors’ Note: This is one of our biweekly ICONnect columns. For more information on our four columnists for 2021, please see here.]
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Symposium on Chilean Referendum Part II: Chile: The Constituent Dilemma
[Editor’s Note: I-CONnect is pleased to feature a five-part symposium on the recent Chilean referendum authorizing a new constitution-making process. The symposium was organized by Professors José Francisco García and Sergio Verdugo, whose introduction is available here.] —Juan Luis Ossa, Centro de Estudios Públicos In the early morning of November 15, 2019, most of Chile’s representatives…
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“Constituent Power” and Referendums in Quebec: Instrumentalizing Sieyès?
—Maxime St-Hilaire, Université de Sherbrooke In Quebec nationalist constitutional thinking, the holding of a referendum is sometimes explicitly connected with the (somewhat fashionably) internationally revived idea of “pouvoir constituant”. Beyond proposals for referendums on secession or on the ratification of the constitution of an independent Quebec, there are now calls for holding a referendum on…
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The Venezuelan Presidential Crisis: A Response
—Rafael Macía Briedis, Center for Constitutional Democracy, Indiana University Maurer School of Law In a recent I-CONnect blog post, Rolando Seijas-Bolinaga makes the case for the recognition of Juan Guaidó as the sole legitimate President of Venezuela. Although I certainly agree with his conclusions as to the urgency of replacing Nicolás Maduro at the head…
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The Trouble with Constituent Power in Latin America: A Reply to Joshua Braver
—David Landau, Florida State University College of Law I would like to thank Joshua Braver for his post yesterday here at I-CONnect engaging my 2012 piece on constitution-making, and am gratified that the work is still relevant and useful for ongoing debates in Latin America and globally.
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Putting “Abusive Constitutionalism” and Populism in Perspective
–Joshua Braver, Tufts University The fear of “abusive constitutionalism” has set the agenda for scholarship on popular constitution-making. It warns of the danger that “constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease.”[1] The term’s author, David Landau, and fellow traveler William Partlett, are particularly wary of the…
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The Oldest-Newest Separation of Powers
—Yaniv Roznai, Senior Lecturer, Radzyner Law School, Interdisciplinary Center (IDC) Herzliya. Separation of powers is a basic idea within constitutional theory. The principle of separation of powers, as famously described by Montesquieu in his The Spirit of the Laws, centered around three governmental branches: legislative power, executive power and judging power; a separation that was needed…