Polarización, Política e Interpretación Constitucional del Derecho Internacional en Guatemala

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Polarización, Política e Interpretación Constitucional del Derecho Internacional en Guatemala

Fabia Fernandes CARVALHO, Monique CAROMIER, Tomás DALY, Mateo Merchán DUQUE, Anna DZIEDZIC, Violeta Moreno-LAX and Elizabeth SHERGOLD

Fabia Fernandes Carvalho, Monique Cormier, Tom Daly, Mateo Merchán Duque, Anna Dziedzic, Violeta Moreno-Lax y Elizabeth Shergold examinan una decisión provisional de la Corte de Constitucionalidad de Guatemala relativa a la interacción entre el derecho constitucional interno y el derecho internacional en un contexto de alta tensión política.

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Polarisation, Politics and the Constitutional Interpretation of International Law in Guatemala

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Polarisation, Politics and the Constitutional Interpretation of International Law in Guatemala

Fabia Fernandes CARVALHO, Monique CAROMIER, Tomás DALY, Mateo Merchán DUQUE, Anna DZIEDZIC, Violeta Moreno-LAX and Elizabeth SHERGOLD

Fabia Fernandes Carvalho, Monique Cormier, Tomás Daly, Mateo Merchán Duque, Anna Dziedzic, Violeta Moreno-Lax and Elizabeth Shergold consider an interim decision of the Constitutional Court of Guatemala on the interplay between domestic constitutional law and international law in a politically-charged situation.

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Between Ethics and Fragility: Ukraine’s Constitutional Court Codifies Ethical Standards

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Between Ethics and Fragility: Ukraine’s Constitutional Court Codifies Ethical Standards

Oleksandr VODIANNIKOV

On 22 July 2025, the Constitutional Court of Ukraine (CCU) adopted its first-ever ‘Rules of Professional Ethics’ – a landmark development that places Ukraine among a small but growing group of jurisdictions where constitutional justices are subject to a dedicated, self-contained ethical code.

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Fear of “Supreme Court-ization:” Electing Constitutional Judges in Germany

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Fear of “Supreme Court-ization:” Electing Constitutional Judges in Germany

Daniel HAEFKE

Just one year after the German legislature enshrined several rules regarding the Federal Constitutional Court (FCC; in German: Bundesverfassungsgericht) – previously governed by ordinary law – into the Constitution (making them significantly harder to amend), the politics of judicial appointments to the FCC have erupted into a national spectacle unlike anything seen in the history of the Republic.

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On the Dangerous Road to Instantaneous Democracy: Judicial Remedy and the Dismantling of Institutional Decelerator in Trump v CASA

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On the Dangerous Road to Instantaneous Democracy: Judicial Remedy and the Dismantling of Institutional Decelerator in Trump v CASA

Ming-Sun KUO

The decision of Trump v CASA came at the end of the 2024-25 term of the Supreme Court of the United States (SCOTUS) just before the Court entered the summer recess. In this much anticipated and already widely discussed decision, SCOTUS curbed federal judges’ power to issue universal injunctions in the States. One core issue gripping the attention of both critics (eg, here and here) and sympathetic readers (eg, here and here) of CASA concerns the court’s classical function to effect judicial remedy in a litigation, while upholding the rule of law: will the SCOTUS-imposed restriction on universal injunctions in CASA render judicial relief less effective and thus undermine the rule of law in the States?

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Balancing Democracy and Federalism: Judicial Imposition of Assent Deadlines on State Governors in India

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Balancing Democracy and Federalism: Judicial Imposition of Assent Deadlines on State Governors in India

Surendra KUMAR

In a parliamentary democracy, the will of the people, as expressed through their elected legislature, is paramount. But what happens when, in a federal system, a centrally appointed constitutional head of state uses procedural delays to effectively veto that will in respect of the elected legislature of a State?

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Workshop my Paper Series – Grand Narratives of Transition and the Quest for Democratic Constitutionalism: Response to Commentators

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Workshop my Paper Series – Grand Narratives of Transition and the Quest for Democratic Constitutionalism: Response to Commentators

Theunis ROUX

Rather than responding to each comment seriatim, I will engage with what I take to be the three main themes running through them: (1) the existence of a diverse tradition of anti-colonial thought in India not fully captured by the dichotomy I draw between the Liberal-Progressivist and Culturalist Grand Narratives (the LPN and CGN); (2) the value of using that dichotomy as a heuristic device for understanding debates over the future of constitutionalism in India and South Africa as against recognising a wider variety of constitutionalisms; and (3) the generalisability beyond India and South Africa of the dialogue I reconstruct between the LPN and the CGN.

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Accountability and the Tripartition of Houses of Parliament in the United Kingdom

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Accountability and the Tripartition of Houses of Parliament in the United Kingdom

Maximilian TAYLOR

Parliamentary democracies show a few different ways of arranging seats in the legislative chamber, which can promote certain constitutional values. For example, confronting benches can encourage heated scrutiny of public policy, while a hemicycle arrangement can highlight the diversity of opinion among legislators.

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Indonesia’s New Military Law and the Ghost of Consensus-Based Constitutional Transition

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Indonesia’s New Military Law and the Ghost of Consensus-Based Constitutional Transition

Abdurrachman SATRIO

On 20 March 2025, the Indonesian House of Representatives (Dewan Perwakilan Rakyat, DPR) passed a controversial amendment to Law No. 34 of 2004 concerning the Indonesian National Military (Tentara Nasional Indonesia, TNI). This amendment, which expands the scope for active-duty military officers to occupy civilian positions without resigning from military service, has sparked mass protests, particularly among university students in major cities across the country.

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Current proposals to amend the Constitution of the Slovak Republic: constitutional amendment as a political tool?

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Current proposals to amend the Constitution of the Slovak Republic: constitutional amendment as a political tool?

Marek DOMIN

The constitution, including the Constitution of the Slovak Republic, is a living document that must to some extent respond to social developments. However, as I will show in this post, not all proposals for amending constitutional texts are desirable, especially if constitutional actors are not completely serious about the change.

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