9780198768791

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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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.

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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.

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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.

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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

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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.

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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.

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Decisions of the Swiss sovereign on two popular constitutional initiatives

by Thomas Fleiner

On September 25, the Swiss sovereign (according to Article 195 and Article 142 par 2 of the Constitution) rejected two popular constitutional initiatives and the voters decided on a referendum (Article 142 par 1 of the Constitution) against the law on the intelligence service. The sovereign rejected both initiatives and the majority of the voters accepted the law on the intelligence service. The turnout was about 42%.

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greece

Greece Faces the Possibility of an Unconstitutional Constitutional Revision

by Dr. Alkmene Fotiadou, Centre for European Constitutional Law.
On July 25, the Greek Prime Minister announced his proposals for a revision of the Constitution of Greece. The key characteristic of the proposals is the very conspicuous possibility that an unconstitutional constitutional revision shall take place, entailing both procedural unconstitutionality and subject-matter unconstitutionality.

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