I was very saddened to hear of the passing of Thomas Fleiner on 24 November. Thomas was a dear friend and close colleague, with whom I have shared many ideas and experiences over decades, and I regret I will not do so again.
Read MoreThe recent judicial crisis between two high courts in Turkey marks another stage of Turkish de-constitutionalization. In a blatantly unconstitutional move, the Court of Cassation openly refused to abide by a decision of the Turkish Constitutional Court (TCC)…
Read MoreThe Constitutional Court of Turkey: Between Legal and Political Reasoning is a sophisticated, impressive, and comprehensive analysis of the Turkish Constitutional Court’s (CCT) operation since its founding in 1961…
Read MoreThe Constitutional Court of Turkey (Anayasa Mahkemesi, AYM) is going through difficult times. In the past couple of years, the lower courts have refused to comply with its decisions, resulting in the high court issuing a second ruling for rights violation…
Read MoreIn a judgment delivered on October 17, a five-judge bench of the Supreme Court (SC) of India refused to recognize the right to equal marriage or civil union for same-sex and queer couples in India…
Read MoreA much-needed, comprehensive analysis of Turkish constitutional case law has recently been published. Silvia von Steinsdorff, Ece Göztepe, Maria Abad Andrade and Felix Petersen have co-authored the book…
Read MoreConstitutional courts have been regarded as effective protectors of the newly established constitutional order in emerging democracies in many European countries since the 1950s. The German and Italian constitutional courts are the first and most prominent examples of a long list…
Read MoreUkraine seems to have become the global leader in attempts to reform its judiciary. However, as recent ratings show, the country has made very little progress in improving its courts and in the rule of law in general…
Read MoreThe first and most critical element of democratic backsliding in post-2015 Poland was the capture of the Constitutional Tribunal, which was first neutralized before being taken over. Since 2016, the Constitutional Tribunal has ceased to fulfill its constitutional role…
Read MoreConstitutional courts frequently publish crucial decisions around the world. They are not supposed to renounce the power of judicial review though. Even if it sounds paradoxical, this happened recently in Turkey…
Read MoreIn December 2020, the Romanian Constitutional Court (CCR) issued a landmark decision on gender equality and identity concerning a legislative initiative to amend the National Education Law…
Read MoreEstonia regained independence in 1991, putting an end to a period of more than 50 years of Soviet occupation. The hurdles the country had to overcome in this new beginning – to become today's small but successful democratic e-state – were great…
Read MoreSelecting a single judgment from the extensive 34-year repository of case law of the Hungarian Constitutional Court (or any court, for that matter) is a task fraught with complexity. To draw a comparison, in 2021, the first Hungarian project, akin to the renowned "Grands arrêts," meticulously curated a collection of the 100 most pivotal cases…
Read MoreIn South Asia, marriage equality jurisprudence has emerged recently. While Sri Lanka plans to decriminalise homosexuality, India and Nepal have already done this and are now debating marriage equality. The right to marry is a human right and is (mostly)….
Read MoreIn Ireland, referendums to change the Constitution are a rather common affair. There have been forty-one since the Constitution was adopted in 1937, with twelve in a ten-year period from 2009 until 2019…
Read MoreThis contribution is aimed at unveiling Portugal’s constitutional landmark judgment(s). Selecting a landmark is obviously a methodological endeavour which requires legal scholars to identify and explain the criteria to be used in the process of narrowing down positive candidates…
Read MoreThe Constitutional Landmark Judgments Project has arrived at its sixth season with this new symposium about Europe. The project was sparked by the intuition that explaining the context, the rationale, and the outcome of a landmark case, provides constitutional scholars from other legal systems with a privileged window into understanding a foreign constitutional system…
Read MoreFollowing the disastrous earthquake that occurred last February in the east of Turkey, and then throughout the summer, the Turkish government has been adopting a spate of taxation measures, including an additional corporate tax. The measures have been adopted on the grounds of remedying…
Read MoreThe full-scale Russian military invasion on 24 February 2022 radically changed the attitude of Ukrainians toward Russians from recent “brothers” and neighbors to absolute enemies. In the attempt to disengage from anything affiliated…
Read MoreAfter a busy summer and a well-deserved break, we are happy to be back to business at the IACL Blog. The new northern hemisphere academic year is bringing a lot of changes, in particular in the leadership of the IACL and the IACL Blog, respectively. Professor Adrienne Stone recently concluded her tenure as President of…
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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