Konstantin VOROPAEV

Au mois de mars 2022, cela fera un an et demi qu’ont été adoptés les amendements de la loi concernant la Cour constitutionnelle de la Fédération de Russie en Russie, interdisant notamment toute publication d'une opinion dissidente de la part des juges…

Chris SHEMATSI

La Constitution de la République démocratique du Congo a été élaborée dans un contexte de belligérance fondamentalement marqué par une forme d’équilibre de la terreur…

Oren TAMIR

Tom Daly’s important new paper asks whether court-packing can ever be good and answers “it depends.” More specifically, Daly suggests that the potential “goodness” of court-packing should be evaluated by paying attention to five specific factors…

David KOSAŘ and Katarína ŠIPULOVÁ

Tom Daly’s article “‘Good’ Court-Packing? The Paradoxes of Democratic Restoration in Contexts of Democratic Decay” brings a breath of fresh air to the extremely polarized and fragmented discussion on the legitimacy of court-packing…

Rosalind DIXON

In his new piece, “‘Good’ Court-Packing? The Paradoxes of Democratic Restoration in Contexts of Democratic Decay” (forthcoming, German Law Journal 2022), Tom Daly provides an illuminating account of “court-packing” in a comparative context…

Mark TUSHNET

Tom Daly’s article on “good” court-packing is a valuable contribution to the burgeoning theoretical and empirically informed literature on responses to and – in a more hopeful register – recovery from democratic decay. As is my wont, I focus…

Tom Gerald DALY

Can court-packing be a legitimate measure to help repair the democratic system after a significant period of democratic decay? This is a central question for constitutional democrats in the US right now, and has serious implications for how we approach, and understand, repairs to remedy democratic decay worldwide…

Joseph Geng AKECH

Minorities, whether ethnic, linguistic, cultural, or political, are groups that require constitutional protection. Ethnic minorities risk exclusion from political processes and other contested public spheres unless their rights are guaranteed in a constitution…

Valentina Montoya ROBLEDO

Fourteen years ago, the Colombian Constitutional Court decriminalized abortion under three circumstances (threat to women's life or health, severe fetal malformations incompatible with life, and rape, incest, or unwanted insemination), through decision…

Yaffa EPSTEIN

Asking whether more people are good for the earth may not be considered appropriate in many academic circles. But, as discussed below, a number of recent laws, cases and movements have championed the idea that populating the law…

Basak EKINCI

In 2017, Turkey shifted to a “Turkish-style” presidential regime in which a lack of checks and balances has enabled power to be consolidated in the executive. Notwithstanding the long-term experience of a parliamentary system, the choice…

Alex PUTZER & Laura BURGERS

The world is in the midst of a legal revolution, in which natural entities are increasingly being recognized as the subjects of rights rather than being treated as objects or property. This movement, known under names such as rights of Nature or earth jurisprudence…

Abdurrachman SATRIO

On 26 November 2021, the Indonesian Constitutional Court issued one of its most awaited decisions about the judicial review of Law No. 11 of 2020 (better known as the Omnibus Law on Job Creation). In its decision, the Constitutional Court emphasized…

Mihnea TĂNĂSESCU

The first instance of rights for nature that propelled the idea towards the mainstream was the 2008 Constitution of Ecuador. Its rights of nature provisions were but a small part of the significance of this constitutional moment, which…

Yaffa EPSTEIN

Most of the world’s constitutions, at least 150 according to a 2019 UN report, include environmental protection. Many of these constitutional provisions oblige the state to protect the environment, while many others establish a human right to a healthy environment

Thabitta R

The introduction of the basic structure doctrine by the Supreme Court of India in Sajjan Singh v. State of Rajasthan has been seen as a constitutional revolution that encapsulated the very soul of the Constitution of India. There remains a general consensus among…

Mariana VELASCO-RIVERA

In recent years, a series of constitutional amendments have introduced mechanisms of direct democracy in Mexico—in particular, referendums (2012) and Presidential recall elections (2019). The first referendum in Mexico’s contemporary constitutional history took place last year…

We’re pleased to share with you this interview with Justice Albie Sachs from the African Law Matters blog. This is a powerful message about the transformative potential of the South African Constitution.

David BILCHITZ

We are delighted to announce the launch of African Law Matters, an exciting new blog for high-quality analysis and commentary on current developments in the areas of constitutional, human rights, public and international law focused on the African continent…

William PARTLETT & Dinesha SAMARARATNE

In early 2020, Russian leaders introduced a number of changes to the Russian Constitution that undermined existing constitutional commitments to the separation of power, the rule of law, and individual rights. Russian constitutional advocates mobilized to block the reforms by appealing to the Council…