Tamara El Khoury continues our symposium on Francesco Biagi’s recent book ‘Constitution-Building After the Arab Spring: A Comparative Perspective’ by asking when constitutional courts constrain political power, and when their creation instead legitimates the settlement they operate within.
Read MoreBeatriz Flügel Assad and Yossi Nehushtan mark ten years since the British EU referendum, arguing that the will of the majority has democratic value only where voters are sufficiently autonomous, rational and well-informed — and that Brexit never met that test.
Read MoreWhat role can fourth branch institutions play in militant democracy? Andrej Lang examines their potential and limitations in ‘The Fourth Branch and Militant Democracy’ as part of the Safeguarding Democracy Now Symposium.
Read MoreAmbassador Feisal Amin al-Istrabardi considers the efficacy of early constitution-drafting efforts in democratising states.
Read MoreAlemayehu Fentaw Weldemariam opens our symposium on Francesco Biagi’s recent book ‘Constitution-Building After the Arab Spring: A Comparative Perspective’ by reflecting on its central arguments and the questions left open in the decades since the revolution altered the constitutional structures of several Arab countries.
Read MoreKriszta Kovács examines the “paradox of militant democracy” under the European Convention on Human Rights. Relying on Bradshaw v. the UK (2025), the author finds that the ECtHR’s insufficient reliance on protective duties (positive obligations) risks undermining the effectiveness of the protection of liberal democracy.
Read MoreHow can democracies counter foreign interference without undermining democratic freedoms? Maxim Krupskiy (University of Illinois Urbana-Champaign) draws on the Venice Commission to argue for targeted regulation of specific threats rather than broad “foreign agent” regimes.
Read MoreCo-Editors Saoirse Enright, Seána Glennon and Pravar Petkar introduce the new symposia being hosted on the Blog in the coming months, as the Blog returns following its summer hiatus in the Northern Hemisphere.
Read MoreA proposed constitutional reform on public security in Chile would give security claims greater constitutional weight while expanding exceptional executive powers. Benjamín Alemparte (Universidad de Chile) examines how constitutionalizing security may reshape the balance between state authority, individual rights and judicial review.
Read MoreProfessor Cheng-Yi Huang discusses the concept of constitutional fidelity and asks if there is a duty of disloyalty on the part of public officials when faced with potentially unconstitutional policies from the executive. He looks specifically at the legal conditions and restrictions placed on dual citizens of Taiwan and China who seek to hold public positions in Taiwan. He concludes that constitutional fidelity and the duty of disloyalty are two sides of the same coin since public officials are ultimately charged to uphold the constitutional order itself, not the interests of a political party.
Read MoreAleksandra Gliszczyńska-Grabias introduces a new symposium on the Blog, ‘Safeguarding Democracy Now: New Varieties of Militant Democracy’, by examining militant memory and its rule of law implications in Poland and the USA.
Read MoreA recent decision by the Constitutional Court of Kosovo to suspend a presidential decree dissolving Parliament may have reached the right result, yet its reasoning may compromise democratic values, argues Prof. Flamur Hyseni (University of Prishtina).
Read MoreThis article examines how democracies can respond to foreign state-level information manipulation in the digital age. It argues for a structural turn in democratic self-defense, shifting attention from content regulation to data flows, AI systems, platform amplification, coordinated inauthentic behavior, and covert foreign influence.
Read MoreSaeed and Weldemariam discuss the instability of the African Union anti-coup rules in Sudan, Guinea, Guinea-Bissau, Madagascar, and Mali.
Read MoreKonstantin Voropaev développe les raisons de l’incompatibilité de la peine de mort avec les principes constitutionnels israéliens, en dépit de la loi de 2026 sur la peine de mort pour terrorisme.
Read MoreNicholas Aroney, Renato Costa, and Bruno Santos Cunha write about how federalism has been used as a tool of autocratic consolidation in Russia, Brazil, and Ethiopia.
Read MoreRan Hirschl, whose scholarship relentlessly pressed the discipline to examine its own methodological foundations, left behind a body of work that fundamentally altered how scholars think about what comparative constitutional law is, what it does, and what it ought to aspire to.
Read MoreTímea Drinóczi develops a framework based on EU case law and Venice Commission standards for justifying the removal of powerful institutional actors who could block constitutional reconstruction after democratic backsliding. This framework is applied to Hungary to assess whether removing the President or Constitutional Court judges could be constitutionally justified.
Read MoreIn our latest post, Dr Sourya Bandyopadhyay critically engages with the judicial performance of the Supreme Court of India in the ongoing process of the ‘Special Intensive Revision’.
Read MoreIsfar Tehami Sarker examines Bangladesh’s 2024 annulment of Article 7B as a constitutional turning point, marking a shift from rigid textual unamendability toward a revived, judicially grounded interpretive model.
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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