24 February 2025
A Power Grab Is Not a Constitutional Theory
Lawyers love legal theories. President Trump’s unprecedented executive actions have reignited interest in theories about the U.S. Constitution, especially conservative ones. Is he working with an extreme conception of the unified executive theory, a strong version of “originalist” or even “post-originalist” legal reasoning, or will the “political question doctrine” dominate? These debates are fascinating, but they strike me as pointless. Why? Because Trump’s supporters are not deploying them in good faith. Rather, these theories are being used as rhetorical maneuvers to dress up a power grab in theoretical garb. Continue reading >>
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21 February 2025
Trump’s Counter-Constitution
“He who saves his Country does not violate any Law.” Continue reading >>
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18 February 2025
From Democracy to Dynastic Rule?
On January 30, 2025, the National Assembly of Nicaragua approved a constitutional reform that significantly strengthens the power of President Daniel Ortega and his wife, Vice President Rosario Murillo. The amendments profoundly transform the country’s political system, reinforcing the Executive’s influence over other branches of the state. This analysis aims to trace the political evolution of Nicaragua in order to better understand how the constitutional framework of the state is changing now. Continue reading >>13 February 2025
Transgender Rights at a Crossroads in the United States
In his first month in office, US President Donald Trump has issued a series of sweeping executive orders targeting transgender rights. These orders build on political terrain that is now exceedingly hostile to transgender rights. In this post, I briefly examine the landscape for transgender rights in the United States, analyze what President Trump’s executive orders on transgender rights aim to do, and then discuss the stakes of United States v. Skrmetti, the pending Supreme Court case that will likely set out the framework that federal courts will use in adjudicating transgender rights cases under the Trump administration and beyond. Continue reading >>
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20 January 2025
Trump’s Order of Law
Today, January 20, 2025, Donald Trump is going to be inaugurated a second time as the 47th President of the United States. His presidency is expected to herald a dramatic change to America’s policy on immigration as his hardcore rhetoric may transform into hardened policy. To fulfil his campaign promises, in particular his planned mass deportation policy, Trump has repeatedly stated his intention to invoke two archaic laws: the 1807 Insurrection Act and the Alien Enemies Act of 1798. This blog will provide an overview of the two acts, explain the requirements for the President-elect to utilize them, and detail potential ways to cabin their use. Continue reading >>
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05 December 2024
Offener Zugang zum Grundgesetz
Weltweit erstarken autoritäre Kräfte, die sich offen gegen demokratische Strukturen wenden. In der Rechtswissenschaft wird zumeist das klassische Instrumentarium der wehrhaften Demokratie diskutiert. Kaum eine Rolle spielt dagegen das Thema der Verfassungsrechtsvermittlung – obwohl für die Rechtsbefolgung und damit für die Resilienz der Verfassungsordnung Normverständnis bekanntlich viel wichtiger ist als Zwang. Welchen Beitrag aber leistet die Rechtswissenschaft, Verständnis für und Einsicht in den Wert unserer Verfassung zu fördern? Wie steht es überhaupt um ihr Verhältnis zur verfassungsrechtlichen Bildung? Continue reading >>
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21 November 2024
Georgian Dream as a Nightmare for Democracy
The Georgian Dream Party has been declared as winner of the parliamentary election in Georgia. Independent observers, however, identified a large-scale, multi-faceted election-rigging scheme in favor of Georgian Dream, prompting calls to annul the results. These allegations triggered protests and sparked a debate about the future of democracy, and the rule of law in Georgia. Due to the absence of effective judicial oversight to address evidence of electoral fraud, public resistance and external pressure are crucial to preventing power capture by Georgian Dream and halting Georgia’s autocratic shift. Continue reading >>14 November 2024
An Antidote To Constitutional Authoritarian Populism?
Presidential reelection is once more a focal point in Latin American constitutional law. The amendment to the 2010 Dominican Constitution, approved in October 2024, modifies the presidential term to bar future changes that would permit unlimited presidential reelection. This reform opposes the populist trend that argues for the people’s unconditional right to reelect the incumbent president, as witnessed in Venezuela and Chile. However, as cases like El Salvador demonstrate, constitutional design may be insufficient to deter abusive interpretations by constitutional courts. Continue reading >>
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31 October 2024
Courts, Constitutions and Authoritarian Consolidation in Pakistan
In 2024, Pakistan has moved in a decisively authoritarian direction. The civilian and military hybrid ruling coalition that came to power in 2022 is using electoral engineering and constitutional entrenchment to consolidate power in the face of popular discontent and resilient political opposition. This process of electoral and constitutional consolidation does not move forward unimpeded, without resistance, and requires capturing and coordinating state institutions. In this blogpost, I show that formal constitutional safeguards provided little protection against the hybrid regime’s capture and weaponization of electoral monitoring bodies. Continue reading >>
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