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.

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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New Book: Zoltán Szente, Fruzsina Gárdos-Orosz (eds), New Challenges to Constitutional Adjudication in Europe ‒ A Comparative Perspective, Routledge, 2018

by Emese Szilágyi, Junior Research Fellow, Scientific Secretary of the Institute for Legal Studies, Centre for Social Sciences, Hungarian Academy of Sciences

This new book, edited by two prominent Hungarian constitutional scholars, Zoltán Szente and Fruzsina Gárdos-Orosz examines how the most exigent social, economic and political challenges affect constitutional adjudication at both national and European levels. More precisely, the research question was whether the most recent global challenges, such as the world economic crisis, the new wave of international terrorism or mass migration have changed the well-embedded judicial constructions or, in general, the jurisprudence of constitutional and supranational courts.

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The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe The Critical Legal Studies Perspective on the Role of the Courts in the European Union Edited by Tamara Perišin and Siniša Rodin (February 2018, 256 p) Discount Price: £52 Order online at www.hartpublishing.co.uk – use discount code CV7 at the checkout to get 20% off!

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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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Repeal the 8th, Activism, Social Movement, and Constitutional Change in Ireland

by Fiona De Londras, Professor of Global Legal Studies, Deputy Head of Birmingham Law School

The Irish Constitution can only be formally amended by referendum (Art. 46). Unlike in some jurisdictions, however, there is no formal mechanism for popular initiative: ultimately only the Oireachtas [Parliament] can propose a referendum, and the exact wording of the proposition put to the People ordinarily comes from the Attorney General. What the current developments in respect of the 8th Amendment and its potential repeal show, however, is that constitutional change in Ireland is not necessarily a technocratic, elite discourse: it can be, and in this case is being, driven by a social demand for change.

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