09 June 2026
The Removal of Key Office Holders
After the deadline that Prime Minister Péter Magyar set for the key constitutional actors to resign passed, he reiterated the government’s intention to remove them by a single constitutional amendment. They are all Orbán appointees. However, one must first reconcile and overcome the anticipatory obstruction paradox and the procedural self-entrenchment paradox. This goes only while acknowledging that these are in themselves constitutional wrongdoings that must be confronted rather than concealed, and thus subjecting them to the highest possible standards of public justification and deliberation. Continue reading >>
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21 April 2026
A Second-Class Right
The Spanish Government has recently approved a project for a constitutional amendment to protect the right to a voluntary termination of pregnancy (abortion). This amendment would add a new paragraph to Article 43, on the right to healthcare. While the discussion of constitutional reform is welcome, the current amendment falls short of its promises. Continue reading >>
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12 March 2026
New Old Kazakhstan
On 15th March 2026, Kazakhstan will hold a nationwide referendum in which voters will decide whether to adopt a new Constitution proposed by President Kassym-Jomart Tokayev. The proposed Constitution marks a significant departure from the current 1995 one: amendments affect 77 articles, or over 80% of the current Constitution. The official reason for the amendments is to move away from consolidated presidential governance; however, the proposed Constitution might have the opposite effect. Continue reading >>
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20 October 2025
No Skyfall
On 26 September 2025, the Slovak parliament adopted the 23rd amendment to the Constitution, introducing an explicit “national identity” clause and a series of provisions presented as measures to “protect the family”. The Venice Commission issued an Opinion two days earlier highlighting both procedural irregularities and substantive concerns. Yet, despite the alarm it has caused, the amendment’s immediate impact is likely to be limited: most of its provisions remain largely symbolic without accompanying legislation or supportive judicial interpretation. Instead, the real battleground will unfold in legal disputes over the amendment’s meaning and reach – with the Constitutional Court expected to play a decisive role. Continue reading >>
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24 September 2025
Untying Ulysses From The Mast
The first months of the new President of the Republic of Poland’s term leave little room for doubt. Karol Nawrocki is not only planning to initiate the adoption of a new constitution by 2030 – he is already changing the current one, adopted in 1997. In light of this political declaration, one might ask: Why does Poland need a new constitution? But the question doesn’t end there. Regarding President Nawrocki’s proposed constitutional changes we must also ask: What kind of constitution does he have in mind, and what does he seek to achieve through the adoption of a new one? Continue reading >>
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23 June 2025
Haunted by Text
Slovak PM Fico renewed his attempts to amend Slovakia’s Constitution. The most controversial provisions are a “national identity safeguard” limiting the effect of international and supranational law, and a definition of sex as strictly binary. After securing backing from some opposition members, his cabinet has submitted the amendment to parliament for debate and a vote. While public mobilisation against the proposed amendment proposal is important, legal scholars and NGOs should avoid using language that might reinforce the perception that the formally powerful Constitutional Court lacks the authority to strike down or reinterpret such changes in line with constitutional values. Continue reading >>
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02 June 2025
A Tarnished Institution from Its Start
June 1st was a historical day for Mexico. The Mexican people – or, more precisely, around 13% of the electorate – went to the ballots to democratically elect their judges for the first time. The newly elected 2681 public officials, which will be announced in the following weeks, will serve in the local and federal judiciary, including the Supreme Court, and solve all types of disputes. While MORENA promises that the amendment will grant Mexico a reinvigorated judicial branch, it is instead getting a newly elected judiciary whose legitimacy has been tarnished from its very start. Continue reading >>23 May 2025
We the Bugs
On April 14, 2025, the Hungarian parliament passed the 15th Amendment to the Fundamental Law, triggering mass protest across Budapest. Amongst its most far-reaching provisions is the constitutional entrenchment of binary sex. Read alongside a reworded Article XVI, which affirms that “every child has the right to the protection and care necessary for his or her proper physical, mental, and moral development”, these provisions establish a new hierarchy of fundamental rights, placing child protection above all others, including the right to peaceful assembly. These changes may now lend formal constitutional legitimacy to discriminatory legislation seeking to ban Pride Parades. Continue reading >>
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21 October 2024
Fractured Foundations and Pakistan’s Kafkaesque Constitutional Amendment
Pakistan is in the throes of yet another constitutional crisis. The ruling coalition government, which is heavily criticized for coming to power through blatantly rigged elections in February 2024, launched a campaign to amend the 1973 Constitution in significant ways. After weeks of speculation, the federal cabinet approved a draft on Sunday afternoon, which was approved by the Senate later the same evening. The National Assembly approved the draft today around 5 a.m., with the President assenting shortly thereafter. Continue reading >>
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06 September 2024