Peter OLIVER

In recent years, unwritten constitutional principles have often found their place in Canadian constitutional law via their supposed foothold in the part of the Preamble to the Constitution Act, 1867 that refers to 'a Constitution similar in principle to that of the United Kingdom'. Principles such as judicial independence, democracy…

Kate Glover Berger

For scholars of public law, an important open question lies at the intersection of constitutional and administrative law. The question asks about the relationship between unwritten constitutionalism and constitutional structure. Or more specifically, in what ways does the unwritten constitution make demands on institutional design within the public order?

Vanessa MACDONNELL & Se-shauna WHEATLE

On March 22, 2019, a group of scholars and practitioners convened at the University of Ottawa Faculty of Law for a full-day symposium on the role of unwritten constitutional principles in contemporary constitutional law. Scholars from Canada, Jamaica and the United Kingdom presented innovative new research, a portion of which is featured in this blog symposium.

Tom Gerald DALY

Additions in the May Update include:

• ·        New research worldwide from April and early May 2019

• ·         A significant list of additions suggested by DEM-DEC Users

• ·         A growing list of forthcoming research, and

• ·         A list of resources recently added to the DEM-DEC Links section

José Ignacio Hernández G.

In the last years, Constitutional Law scholars have been studying the consequences of political decay in democratic regimes that are moving towards authoritarianism. The traditional dichotomy between democracy and authoritarianism vanished, and the reality of competitive authoritarianism or hybrid regimes – illiberal democratic regimes that preserve a thick patina of constitutionality – became clearer.

Derek O’BRIEN

In a referendum held on 8th May 2019, the citizens of Belize voted by a majority of 55% (on a turnout of 65%) to approve the referral of the long-standing territorial dispute between Guatemala and Belize to the International Court of Justice (ICJ) pursuant to a Treaty signed on December 8, 2008, (the Special Agreement) between Guatemala and Belize (the State Parties). The outcome of the referendum is clearly significant in terms of future relations between Belize and Guatemala, but it also has considerable constitutional significance…

Daniela UROSA

El sistema electoral venezolano carece actualmente de las mínimas condiciones adecuadas de integridad electoral. Tales condiciones han ido mermando progresivamente en los procesos electorales de los últimos años, muy especialmente durante la fraudulenta elección presidencial de 2018.

Daniela UROSA

The Venezuelan electoral system currently lacks the minimum adequate conditions for electoral integrity. Such conditions have been getting progressively worse in recent years, especially during the fraudulent presidential election of 2018.

Yaniv ROZNAI

In 2017, the Israeli Supreme Court sitting as High Court of Justice (HCJ) has adopted two dramatic judicial decisions. Firstly, the HCJ invalidated a law based upon flaws in the legislative process for the first time in its history, and second, issued a nullification notice to a temporary Basic Law that changed – for the fifth time in a row – the annual budget rule to biennial one, by applying a doctrine of ‘misuse of constituent power.’

Rolando SEIJAS

It is three months now since Juan Guaidó assumed the office of the Presidency of the interim government of Venezuela. The interim government claims its legitimacy due to the fraudulent nature of the presidential election of 2018. The interim government has asserted that those elections could not have rendered a mandate to form a legitimate government.

Rafael MACÍA BRIEDIS

That Venezuela is currently in the midst of a serious institutional crisis is undeniable. That crisis is largely the product of constant abuses by the Maduro regime, which despite plummeting approval rates and a collapsing economy has sought to cling to power at any cost, using the constitutional structure as a façade through which to justify the concentration of all state authority in its own hands.

Surendra KUMAR

Recently two male judges have been appointed to the Supreme Court of India on recommendation of the collegium. The appointments created controversy because of the appointment one meritorious junior judge, Justice Khanna, despite 32 alternative candidates that included Chief Justices of High Courts.

Antoine BUYSE

On 10 April, the European Court of Human Rights in Strasbourg handed down its first advisory opinion on a substantive issue under the European Convention on Human Rights (ECHR), a competence given to the Court under Protocol 16 to the Convention. The opinion, delivered upon the request of the French Court of Cassation, related to a very specific family law matter…

Josh BRAVER

Is the current crisis inherent to the Venezuelan ideal of participatory and radical democracy, or is it a result of the perversion of that system by Nicolás Maduro?  I suggest that even if pursued sincerely, in some settings, radical participatory democracy suffers from contradictions that leave it vulnerable to authoritarianism. 

Allan BREWER-CARÍAS

In view of the persistent “disinformation” reflected in the affirmations read in the media stating that Juan Guaidó, President of the National Assembly of Venezuela had “proclaimed himself” as interim President of the Republic, it is worth insisting on the falsehood and error of such an assertion.

Eugénie MÉRIEAU

In the field of Comparative Constitutional Law, Thailand´s Constitutional Court gained an ambivalent notoriety for its repeated dissolution of opposition political parties and cancellation of general elections in the name of protecting democracy – but de facto paving the way for military coups, in 2006 and 2014.

Maryhen JIMÉNEZ MORALES

In Venezuela, there has been a two-decade long effort of all opposition forces to defeat Chavismo, which rose to power with Hugo Chávez’s election as Venezuela’s President in 1998. Ever since, the opposition has tried through different means and strategies to successfully challenge the incumbent – first Chávez and, since 2013, his successor Nicolás Maduro.

Laura GAMBOA-GUTIÉRREZ

On 23 January 2019, National Assembly (AN) member of the Venezuelan legislature (‘National Assembly’), Juan Guaidó, shortly after his designation as President of the legislature, announced he was stepping in as Venezuela´s interim president. The statement took journalists, scholars and the general public interested in Venezuela by surprise.

Raul SÁNCHEZ-URRIBARRI & Carlos GARCÍA-SOTO

Venezuela’s current political crisis has its roots in December 2015, when the opposition won the majority of seats in the National Assembly. Since then, the country has suffered several political battles regarding the legitimacy of both the National Assembly and the Presidency of the Republic; against the backdrop of a deep social, economic and humanitarian crisis…

Raul SÁNCHEZ-URRIBARRI

Venezuela’s troubles have become global news in recent times.  The destruction of the country’s economy, the dramatic collapse of state capacity and services, the intractable political stalemate between its increasingly authoritarian government and the opposition, and the devastating humanitarian crisis that has ensued have all been well documented.