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.

GIA KOITA

Does Latin America Need a ‘Supra-Constitutional’ Court? Lessons from the Central American Experience

by Carlos Arturo Villagrán Sandoval, PhD Candidate at Melbourne Law School.
Last week, on April 3rd 2017, the Permanent Council of the Organization of American States held a meeting in order to consider the recent events in Venezuela. They approved by consensus the following resolution:
‘[t]he decisions of the Supreme Court of Venezuela to suspend the powers of the National Assembly and to arrogate them to itself are inconsistent with democratic practice and constitute an alteration of the constitutional order of the Bolivarian Republic of Venezuela.’ The actions of the Venezuelan Supreme Court are the latest in a series of events that amount together to a constitutional disruption within the Latin American region.

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Conference on “Imposed Constitutions. Aspects of imposed constitutionalism”, May 5-6, 2017, Cyprus

The Research Group on Constitution-Making and Constitutional Change of the International Association of Constitutional Law in collaboration with the University of Nicosia, Department of Law and the Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation are organizing a Conference on “Imposed Constitutions. Aspects of imposed constitutionalism” on May 5-6 2017 in Nicosia, Cyprus (University of Nicosia , 46 Makedonitissas Avenue, Engomi – Nicosia, Cyprus).

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Decisions of the Swiss Sovereign on February 12 2017

by Thomas Fleiner.

On Sunday February 12 2017, the Swiss sovereign (Article 195 as well as according to Article 142 par two of the Constitution) decided on two amendments of the constitution proposed by the Parliament with a turnout of 46 to 47%%. The constitutional amendment on third generation foreigners living in Switzerland has been approved with 60.4% yes and 39.6%% no. 17 cantons voted yes and only six cantons voted no. The Swiss sovereign approved the amendment on the financial support for the roads with 61.9% yes and only 38.1% no. All cantons did approve this constitutional amendment.

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International Actors in the Guatemalan Constitutional Reform: The Story of the CICIG

by Carlos Arturo Villagrán Sandoval, PhD Candidate, Melbourne Law School.
In the last two years, a series of reform proposals have been debated regarding the constitutional reform of Guatemala’s judiciary. These constitutional reform proposals, which include a major overhaul of the election and composition of the Constitutional Court, the creation of a judicial supervisory organ and the recognition of indigenous justice, have been promoted by a foreign actor, the Comisión International Contra la Impunidad en Guatemala or the International Commission against Impunity in Guatemala (CICIG).

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Unconstitutional Constitutional Amendments: The Limits of Amendment Powers. By Yaniv Roznai (Oxford University Press, 2017)

by Tarik Olcay, PhD Candidate, School of Law, University of Glasgow.
The uninformed observer could be forgiven for thinking that no such thing as an unconstitutional constitutional amendment exists. This concept, or in other words, the question of constitutionality of constitutional amendments, is a contentious one. It immediately calls for a clarification, a convincing definition of the constitution, and of what it means to be constitutional.

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The UK Supreme Court and Brexit

by Ian Cram, School of Law, Leeds University.

Sitting for the first time as a full 11 member panel, the United Kingdom’s Supreme Court has handed down its ruling in the most significant constitutional law case in the UK for over a generation. The ruling has been eagerly anticipated both in the UK, Europe and beyond and touches upon a range of major constitutional issues that will have significant legal and political implications.

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