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.

The Challenges of Semi-Presidentialism in Tunisia

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.

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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.

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A Constitutional Ban on Same-sex Marriage: Romania is About to Entrench its Homophobic Worldview

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”.

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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%.

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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?

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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.

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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.  

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Decisions of the Swiss Voters and the Majority of the Cantons on March 4, 2018

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%. 

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