Welcome to the Constitution-Making and Constitutional Change blog by the Research Group of the IACL
Here is the official blog of the research group on constitution-making and constitutional change operating under the International Association of Constitutional Law. This is a blog open to all. We hope to provide a forum for interaction and discussion on all topics related to constitution-making and constitutional change. Lets share information and analysis of the ongoing developments in our countries and the relevant theoretical debates: lets blog.

9781849469074-1

Peter Leyland, The Constitution of the United Kingdom. A Contextual Analysis (Hart Publishing 2016): A view from the outside.

by Dr. Alkmene Fotiadou, Centre for European Constitutional Law.
One of the major problems with comparative constitutional law relates to the difficulty of understanding different contexts before attempting to apply comparative methodology. Often similarities are detected, such as identical or akin constitutional provisions, matching political and constitutional practices, institutional similarities etc. Nonetheless, drawing conclusions from such similarities (aimed either at theorizing about the constitution, or at making constitutional design choices) entails the danger of overlooking the contextual basis.

Read More
call-for-papers2

Call for Papers–The Separation of Powers: A Global Constitutional Dialogue–Milan, Italy

International Symposium, Monday, May 22nd 2017, Milan, Italy.
The Symposium on ‘The Separation of Powers. A Global Constitutional Dialogue”, in memory of Prof. Bognetti, will host an international dialogue on the transformation of, prospects for, and challenges to the separation of powers in our contemporary setting. Invited scholars will offer a variety of perspectives on the separation of powers in legal scholarship. Drawing from country-specific and cross-national experiences with separation of powers, invited scholars will take comparative, doctrinal, historical, legal and theoretical approaches to the study of the idea of separation of powers.

Read More
swiss-flag

Decisions of the Swiss Sovereign on November 27 2016

by Thomas Fleiner.

On Sunday November 27, the Swiss sovereign (according to Article 195 as well as Article 142 par two of the Constitution) decided on a popular constitutional initiative concerning the organized and controlled exit from nuclear energy. The decision was made with a turnout of some 49% against the initiative voted 54% while 45% voted yes. 18 cantons voted no and only 5 cantons voted yes.

Read More
13064833244_b939199cac_o-746x420

Economic crisis and reform of EU law

by Abraham Barrero Ortega and Irene Sobrino Guijarro

Within the framework of the EU, it is possible to identify parallel legal developments that deserve close attention. We are referring to the specific reality represented by the “Treaty establishing the European Stability Mechanism” (2nd of February 2012), the “Treaty on Stability, Coordination and Governance in the Economic and Monetary Union” (2nd of March 2012), closely linked to the “Pact for the Euro”– endorsed by the Heads of State or Government in March 2011-, and the “Compact for Growth and Jobs”, agreed by Heads of State or Government at the European Council in June 2012.

Read More
%ce%ad%ce%b3%ce%b3%cf%81%ce%b1%cf%86%ce%bf3-medium_

Participatory Constitutional Change. The People as Amenders of the Constitution

Edited by Xenophon Contiades and Alkmene Fotiadou (Routledge 2017, 212 pages).
This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. The book is now available at https://www.routledge.com/Participatory-Constitutional-Change-The-People-as-Amenders-of-the-Constitution/Contiades-Fotiadou/p/book/9781472478696

Read More
hungary

The Controversial Anti-Migrant Referendum in Hungary is Invalid

by Zoltán Szente

Regardless of the intense government campaign which lasted more than a year and the involvement of almost the entire state apparatus, the Government-initiated anti-migrant referendum held on 2 October proved to be invalid due to low turnout. The Hungarian Government initiated a national referendum in February 2016 against the controversial quota system proposed by the EU for the resettlement of migrants among the Member States.

Read More
kuwait

Arab Spring In The Kuwaiti Court Of Cassation

by David Gwynn Morgan, Professor of Law at Kuwait International Law School

A major step in confirming the Rule of Law in Kuwait was taken with the Court of Cassation case of Al-Jaber, No (3253) of the year, 2014, judgment given on April 4, 2016. The facts were sufficiently simple and typical for the decision to be capable of growth in several direction, assuming that it is followed in later cases.

Read More