Due to a backlog caused by the Covid-19-epidemic, the Swiss electorate had five proposals on its plate on September 27, 2020. In most cantons and municipalities additional decisions had to be taken on cantonal or local issues. The turnout was comparatively high at around 59%, sign of the strong mobilization of the political questions at […]
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.
by Prof. Markus Kern / Fabian Schmid, University of Bern
On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.
by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary
Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism. In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.
by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary
This short note argues that the term illiberal constitutionalism shall be used when describing the constitutional system of a particular state in the process of backsliding from the state of constitutional democracy towards an authoritarian regime. The main argument of those who oppose this term is that constitutionalism cannot be anything else but liberal. Neither Hungary nor Poland can nurture constitutionalism anymore because there are no effective constraints on public power.
Organised by the IACL Working Group on Constitutional Interpretation, supported by the EU H2020 project DEMOS (Democratic Efficacy and the Varieties of Populism in Europe), the Hungarian Academy of Sciences, and the Centre for Social Sciences, Institute for Legal Studies
Budapest, December 5-6, 2019
Institutional organizers: University of Sofia “St. Kliment Ohridski”, Faculty of Law and the Sofia Legal Science Network
Topic: Law and Revolution
Venue: University of Sofia “St. Kliment Ohridski”, Faculty of Law, Sofia, Bulgaria
Dates: 27 and 28 March 2020
by Antoni Abat Ninet, Professor of Constitutional Law, University of Copenhagen, Denmark
After 500 days of pre-trial detention, and facing charges of rebellion and sedition (among others) which carries a maximum of 30 years in prison, it found guilty, former Catalan representatives and grassroots activist had finally the possibility to be heard by the Supreme Court in Madrid. A court on which there are reasonable doubts about their competence to deal with this trial.
by Prof. Markus Kern / Tobias Egli, University of Bern
Construction activity in Switzerland is intense: Every day, the equivalent of eight soccer pitches is newly covered with buildings. The increasing concern about the phenomenon of urban sprawl has already had tangible political consequences in recent years: In 2012 the so called «Second Home Initiative» was accepted on the federal level, banning the construction of second homes in municipalities with a proportion of second homes exceeding 20%. In the same year the voters of the Canton of Zurich accepted the so called «Arable Land Initiative» aiming at the protection of arable land in the canton.
by Prof. Markus Kern / Nora Camenisch-Ehinger, University of Bern
On November 25, 2018 three proposals were up for decision by the Swiss electorate. Two of them were pertaining to constitutional change and can be said to be situated at either of the poles of constitutional importance:
by Alicia Pastor y Camarasa, PhD Candidate at University of Louvain
Following the 2011 revolution in Tunisia, one of the key demands of the people was a change in the political regime. This would represent a break from the authoritarian past, where the 1959 constitutional regime saw the power wholly concentrated in the hands of the President of the Republic. The president enjoyed complete executive prerogative and was not accountable to the legislative chamber. Up until the revolution, the constitution was continuously amended to strengthen presidential prerogatives. Under the 1959 constitution, there was technically a Prime Minister, but the position remained completely under the aegis of the President.
Call for Papers: Indian Journal of Constitutional and Administrative Law [Volume III]: Submit by Dec 31
The Indian Journal of Constitutional & Administrative Law (IJCAL) is a student-edited, peer-reviewed, open access, bi-annual law review.
IJCAL seeks to encourage path-breaking research work in the fields of Constitutional Law, Comparative Constitutional Law, Administrative Law, Constitutional Theory, and other ancillary subjects like Legal Philosophy and International Law, in order to revolutionize the traditional study of Constitutional Law in India.
by Michael Hein, Postdoc Fellow, University of Göttingen, Alexander von Humboldt Chair of Comparative Constitutionalism
Next weekend, on the 6th and 7th of October, 2018, the citizens of Romania will have the final say on an amendment to the Romanian Constitution of 1991. If approved, it will change Art. 48, para. 1, which defines the family as “based on a freely consented marriage by the spouses”.
Popular vote on September 23, 2018 in Switzerland concerning the direct counter-proposal to the Bike Initiative and the Federal Popular Initiatives on Fair Food and Food Sovereignty
by Prof. Markus Kern / Antonia Huwiler, University of Bern
The Swiss electorate only accepted one of the three proposals up for discussion: The direct counter-proposal to the Bike Initiative. The Fair Food Initiative and the Initiative for food sovereignty have been rejected. The voter turnout amounted to around 37%.
The Nordic Constitutions. A Comparative and Contextual Study, Hart Publishing, Ed. Helle Krunke and Björg Thorarensen
by Professor Helle Krunke, CECS, Faculty of Law, University of Copenhagen
How similar are the Nordic constitutional systems? Which common roots and legal-historical developments do they share? How do the Nordic constitutions regulate institutions and division of powers, judicial review of legislation, parliamentary control of the executive and human rights? Do the EU and international human rights conventions draw the Nordic constitutional systems closer to each other or further apart?
WHEN POLITICAL CROSSROADS ARE NOT OPTING A LEGALLY ACCEPTABLE ROAD – THE MACEDONIAN CASE WITH THE “NAME DISPUTE” AS AN INTERNATIONAL LEGAL PRECEDENT
by Tanja Karakamisheva-Jovanovska, Full-time Professor of Constitutional Law at the Faculty of Law “Iustinianus Primus” in Skopje, University “Sc. Cyril and Methodius”, Republic of Macedonia
The well-known nebulous and irrational problem that my country, Republic of Macedonia, has with Greece for 27 years seems to have reached its zenith.
In Italy the new Government was sworn in but a question comes up from the shadow: did the “Government of Change” start out by prompting a constitutional change?
by Dario Elia Tosi
In the last week, Italy overcame one of the deepest political turmoil of the last decades. The new Government and the parliamentary majority, which supports it, describe the new institutional layout as the “Government of Change”.
Decisions of the majority of the Swiss Voters and of the Cantons on June 10 2018 on the popular initiative concerning the sovereign money (monetary reform) and of the majority of the Swiss voters on the referendum on the law about the risk of money games
by Thomas Fleiner, Professor Emeritus of Public Law, University of Fribourg, Former President of the Executive Committee of the IACL
The voters decided to reject the popular initiative with the lowest turnout (33.7%) of the last 6 years. At the same time, the majority of the voters adopted the law on the risk of money games.
The sovereign decided on this Sunday with two decisions. One decision was on a popular initiative for sovereign or plain money, the second was a referendum on the law concerning the risk of playing games with money.
by Thomas Fleiner
The sovereign decided on this Sunday on two crucial decisions, with regard to the Swiss constitution: The turnout of this vote was 54.1%. This turnout is exceptionally high for Switzerland, because the discussions mainly on the decision of the sovereign with regard to radio and television were strongly emotional. The first decision concerns a federal decision of the Swiss parliament about the financial order of Switzerland (Article196 cipher 13, 14 par 1 and 15 of the Constitution). The sovereign adopted this first decision by a majority of 84,1%; all cantons adopted this decision of the Parliament; however, the sovereign rejected the second popular initiative by a majority of 71,6% against 28.4%.