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.

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(Ethno-political) Strategic Components of the Supreme Court of Kenya’s Presidential Election Decision: Settling for the lesser evil?

by Duncan Okubasu, Lecturer at Kabarak University School of Law and an Advocates of the High Court of Kenya

Few minutes after Kenya’s Supreme Court (SC) nullified President Uhuru’s re-election, his lawyer- Ahmednasir Abdullahi – in a press conference described the decision as political, having nothing to do with the law. Indeed, the demand of the Constitution of Kenya 2010 that a presidential election must be determined within 14 days leaves SC judges with the constrained option of making an ‘intuitive’ decision and then following it with reasons at a later time. In the Raila v Kenyatta Case (2017), the SC completed hearing the dispute on 29 August 2017 and was expected to and did provide its ‘decision’ on 1 September 2017. It indicated in so doing that it would deliver a reasoned judgment within 21 days.

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Conference Report–Imposed Constitutions: Aspects of Imposed Constitutionalism–University of Nicosia, Cyprus

by Yota Negishi, Waseda University; Research Fellow of the Japan Society for the Promotion of Science.

Cross-post from I·CONnect, http://www.iconnectblog.com/2017/05/conference-report-imposed-constitutions-aspects-of-imposed-constitutionalism-university-of-nicosia-cyprus/

On 5-6 May 2017, the School of Law of the University of Nicosia hosted the international Conference “Imposed Constitutions: Aspects of Imposed Constitutionalism”, in collaboration with the Research Group on Constitution-Making and Constitutional Change of the International Association of Constitutional Law (IACL), and the Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation.

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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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Popular Participation in Constitutional Amendment: A Public Debate

On the occasion of the publication of the book X. Contiades/A. Fotiadou (Eds), Participatory Constitutional Change. The People as Amenders of the Constitution, (Routledge 2017), The Centre for European Constitutional Law – Themistocles and Dimitris Tsatsos Foundation organizes a public debate in Athens, Greece on the issue:

Popular Participation in Constitutional Amendment

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“Constitutionalist resistance to authoritarianism and populism?” Workshop to commemorate the 100 years of Finland’s independence. April 10, 2017, EUΙ

The workshop is organized jointly by the European University Institute and the Finnish Academy research project Constitutionalism Reconfigurd (CORE). This workshop will pay special attention to the antagonistic relationship between populist politics and constitutionalism. The overall question that we will try to answer is what kind of legal mechanisms, strategies and arguments constitutions and constitutionalism provide to counter the rise of populism and the risk of authoritarianism. To what extent can resistance be based on existing institutions such as courts? Or should we refresh old theories such as militant democracy or constitutional patriotism?

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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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