Kenya has had three Constitutional documents since independence. The first was the Independence Constitution of 1963, which was in the mould of other British decolonising charters. The key features of the Independence Constitution were its quasi-federal state structure, a bicameral…
Read MoreThe world’s newest nation, the Republic of South Sudan, is yet to adopt a ‘permanent’ constitution consistent with common aspirations of its peoples. But as the country starts to embark on this process, low simmering political tensions triggered a bloody conflict…
Read MoreThis post considers what lessons the COVID-19 pandemic has for debates over the appropriate place of the executive branch in contemporary constitutional government. (By ‘executive branch’, I refer primarily to the actors at the apex of executive authority – presidents…
Read MoreLegal scholars traditionally make a sharp differentiation between “political” and “technical” emergencies. The former category identifies crises triggered by political factors (e.g., war, domestic or international terrorism), while the latter encompasses…
Read MoreIt has been 18 months since COVID-19 first swept around the world. Since then, we have seen different waves of the virus affect different regions more or less severely at different times. There have been unprecedented restrictions on individual rights and freedoms…
Read MoreWe are thrilled to announce that in the next several months the Blog will project a constitutional spotlight on the African continent. In preparation for the IACL-AIDC World Congress of 2022, which for the first time will be hosted in Africa, we will feature blog posts presenting…
Read MoreThe top constitutional law topic in Slovakia today, and not only among experts, is the decision of the Constitutional Court of the Slovak Republic (CC) of 7 July 2021 (decision PL. ÚS 7/2021). In it, the CC did not allow a referendum to be conducted…
Read MoreBellum omnium contra omnes, the familiar phrase from Hobbes, is perhaps the most apt description of Tunisia's present constitutional and political situation. As the sole democracy in the Arab region, the country stands alone…
Read MoreThe IACL/AIDC Research Group on Public Law Responses to Public Health Emergencies, that we are honoured to co-chair, is a research hub with two main ambitions. The first and more short-term one is to provide a forum for scholarly research into public law…
Read MoreConstitutional democracy in Peru in the last twenty years has been characterized by the alternation of presidential power, based on the popular will expressed freely and spontaneously at the ballot box by the citizens, through an electoral system that accurately…
Read MorePhilipp Dann, Michael Riegner and Maxim Bönnemann’s edited collection of essays on The Global South and Comparative Constitutional Law constitutes a major advance in scholarly thinking on this topic. Theorising the Global South as an ‘epistemic, methodological and institutional sensibility’…
Read MoreTunisia experienced one of the most democratic constitutional transitions in the MENA region and adopted a Constitution that is considered one of the most balanced of the region, both for its content and for the constituent process that was held after the 2011 Revolution…
Read MoreAn immoveable object has finally collided with an unappealable force. On Tuesday 29 June, the South African Constitutional Court sentenced former President Zuma to 15 months in jail, for contempt of court. It also imposed a punitive costs order…
Read MoreOn 14 June 2007, Palestinian President Mahmoud Abbas used the Palestinian temporary constitutional document - the Basic Law (BL) - to declare a thirty-day state of emergency. This declaration followed the unexpected 2006 election of Hamas – a political party viewed as being ‘terrorist’…
Read MoreThe Pacific Island state of Samoa (formerly Western Samoa) is currently facing a constitutional crisis. Located in the southern Pacific Ocean between Hawaii and New Zealand, with a population around 200,000, the islands of Western Samoa were annexed by Germany in…
Read MoreThe meaning and application of Islamic Sharia in the Egyptian legal system is one of the most controversial aspects of modern constitutional law in Egypt. With its landmark judgment in 1985, the Supreme Constitutional Court of Egypt gave some fundamental answers…
Read MoreDuring the last century, Colombia and Germany experienced conflicts that had a deep impact on them and deprived millions of their land. Germany had to face the issue of land restitution after the Second World War (see inter alia Law No. 59 of the Military Government of Germany, US Area of Control) and after the Cold War…
Read MoreOn 15 and 16 May, Chilean citizens were called to the polls to elect a Constitutional Convention, after a postponement due to a rise of both coronavirus cases and hospitalisations. Chile’s current Constitution of 1980 (“the Pinochet Constitution”) was a product of an authoritarian regime…
Read MoreFollowing years of political impasse and a presidential vacuum between 2014 and 2016, a government was formed in Lebanon as part of a deal to end the stalemate. The new Government set itself to begin addressing a number of backlogged policy matters…
Read MoreOn July 23rd 2020, the all-male Grand Chamber of the Turkish Constitutional Court issued its decision on the case of R.G. This progressive judgment, published on the Official Gazette on September 10th 2020, declared that the procrastination of the decision on a victim’s request for terminating…
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