María-Dolores COLLAZOS

Since its introduction in 1991, the Constitutional Court of Colombia (hereinafter ‘the Court’) has distinguished itself as a competent defender of fundamental rights. Regionally, the Court is known for creating a large body of jurisprudence focused on supporting and expanding the range of individual rights…

Irene SPIGNO

With the landmark decision Contradicción de Tesis 293/2011, the Mexican Supreme Court of Justice of the Nation solved a conflict between two different jurisprudential criteria on the position international treaties on human rights have in the national legal order, recognizing them at a constitutional level.

Volkan ASLAN

Turkey announced its first confirmed case of COVID-19 on 11 March 2020. Thereafter, the government issued various administrative regulations and decrees, which it presented as vital for preventing the spread of the virus. However, the constitutional validity of these executive acts is questionable.

Gisela FERRARI

The last military dictatorship (1976-1983) constituted a dark phase in the history of Argentina, leaving deep wounds in the social fabric of a country with an unstable relationship with democratic rule. The decision of the Supreme Court of Argentina in Simón (2005) revolutionized the constitutional landscape…

Eman Muhammad RASHWAN

Many nations around the world declared the state of emergency to face the COVID-19 threat. However, this post claims that the COVID-19 was never dealt with as a severe legal emergency in Egypt, but rather as an occasion to further normalize the state authorities’ performance under emergency laws.

Didier MAUS

Avec la disparition de Patrice Gélard, c’est tout un pan de notre mémoire collective qui s’évapore.

Diana CARRERA & Johanna FRÖHLICH

In 2012, the Ecuadorean National Undersecretary of Public Administration, with the support of the Office of the Presidency, filed a writ of amparo (“acción de protección”) against a local newspaper because it published an editorial containing allegedly false information on excessive expenditure on campaign advertising during the term of President Rafael Correa.

Eleonora BOTTINI

In December 2019, I had the pleasure of announcing on this Blog a new project in comparative constitutionalism: the ‘Constitutional Landmark Judgments Project’. The project invites academics to select and comment on a landmark judgment by the apex court of their jurisdiction of reference.

Yashasvi JAIN & Hetal DOSHI

This article uses the example of the India’s response to the COVID-19 pandemic to discuss the role of courts when the executive falls short of its duty. We refer to this as an instance of executive underreach.

Carlos Arturo Villagrán SANDOVAL

In August 2017, I wrote about a potential constitutional crisis in Guatemala. A few years down the track, the situation has now reached a critical point. On 28 June 2020, the Guatemalan Congress filed a criminal suit against certain members of the Constitutional Court on the ground that the Court’s latest judgments are contrary to the Constitution.

Kawser AHMED

Of late, several scholars and lawyers in Bangladesh have argued that a proclamation of emergency would have provided better legal grounds for dealing with the COVID-19 pandemic than the statutory powers on which the government in fact relied…

Francesca RAIMONDO

On 12 December 2019 the Indian President gave assent to the Citizenship Amendment Bill, that assumed the status of Act (Citizenship Amendment Act, 2019, hereinafter the CAA), after the approval of the two branches of the Indian Parliament, the Lok Sabha (House of the People) and the Rajya Sabha (Council of the States).

Justin FROSINI & Viktoriia LAPA

On 27 March 2020 the Republic of North Macedonia acceded to NATO and became its 30th Member State. With similar aspirations to North Macedonia, other states like Ukraine also hope to accede to NATO. What is more, they have decided to set it in stone by making an explicit reference to their NATO (and also EU) aspirations in the Constitution…

Arushi GUPTA

A recent landmark judgment of the Supreme Court of India, and the continuation of protracted litigation and policy posturing in the United States, provides a timely opportunity to assess the constitutional intersection of gender equality and the regulation of the military.

Alejandro Vanegas MAINGON

Access to justice is the way people protect their legal rights through legal processes. It is for this reason that access to justice has been described as “a basic principle of the rule of law”, because it allows the protection and restoration of rights that have been violated…

Manuellita HERMES

Brazil is one of the most unequal countries in the world, and this becomes even more evident during the pandemic. The isolation measures that were put in place, besides the increasing divides identified in society since the last presidential elections, compromise labor activities…

Kumar MAGALAM & Amrashaa SINGH

The  amendment of 2019 to the  Citizenship Act, 1955 relaxes the conditions for granting citizenship by way of naturalization to people who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan.

Michael Henry YUSINGCO & Angelika Lourdes PIZARRO

The response of Philippine President Rodrigo Duterte to the COVID-19 pandemic was to implement emergency measures under the authority of two statutes. The first one was the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act of 2018 which empowers the President to declare a state of public health emergency and mobilize governmental and nongovernmental agencies to respond to the threat.

Jenna SAPIANO

The pandemic has offered insight into at least two limitations on the prospects for a global constitutional order. The two weak points I discuss in this post relate to leadership and structural inequality and biases.

Dorjana Bojanovska POPOVSKA

The North Macedonian constitution is a liberal constitution. It includes a broad protection of rights, including equality before the law (Article 9), freedom of belief, conscience and thought (Article 16) its manifestation (Article 19), etc. Article 19 further entrenches the institutional separation between the state and faith organizations…