25 September 2025
Tunisia’s Missing Court
Public institutions are inherently human and therefore fallible, making constitutions essential as legal guardrails against the abuse of power. Yet constitutional oversight requires not only legal authority but also legitimacy, without which democracies risk repeated crises. In many countries, including Tunisia, this responsibility has been entrusted to constitutional courts. Tunisia’s attempts to establish a fully functioning court – first in 2014, then again in 2022 – highlight the challenges of securing effective and legitimate constitutional oversight. Continue reading >>
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24 September 2025
Judicial Independence and the Constitution Hill Global Guidelines on Apex Court Appointments
A key goal for any polity in transition should be the establishment of an independent judiciary, alongside the incorporation of new constitutional rules, guidelines – such as those articulated by the Constitution Hill document – to secure judicial independence in the future. Only independent judges can ensure that the aims of transitional justice are achieved. Continue reading >>
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23 September 2025
Judicial Appointments and the Integrity of Apex Courts
In a world in which democracy appears to be in retreat, and attacks on the judicial branch of government, especially apex courts, are depressingly on the rise, the Constitution Hill Global Guidelines on Apex Court Appointments seek to turn our attention to two key aspects of judicial appointments (the criteria for appointment and the process to be followed) that are too often unexamined. Continue reading >>
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22 September 2025
Protecting Apex Courts from Capture
At a time when the quality of judicial appointments can determine whether democracy erodes or endures, the reflections in this symposium could not be more timely. The Guidelines are not a rigid blueprint, but rather an invitation to structured, informed debate. We hope that the ideas shared here contribute to strengthening apex courts—and, with them, the democratic systems they are meant to uphold. Continue reading >>
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05 September 2025
Authoritarians Who Hate Judicial Accountability
In Slovakia, a unique situation is unfolding. The country is ruled by an authoritarian government that restricts fundamental rights of its citizens, puts independent institutions under political control, exploits fast-track legislative procedures, and threatens the judges of the constitutional court. Yet, this same government is in favour of more judicial autonomy, less accountability, and higher salaries for judges. The government thus seems to have hit upon a convenient strategy: granting judges greater benefits in exchange for their loyalty. Continue reading >>
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11 August 2025
A Fallen Curtain and Open Questions
On 25 June 2025, the Grand Chamber of the European Court of Human Rights delivered its Decision on Kovačević v. BiH. This ruling could completely change the legal assessment of strict ethnic quota systems in political institutions for worse. While the case originates from Bosnia and Herzegovina, it will likely have far-reaching political consequences for other power-sharing systems in and beyond Europe, as well. Crucially, it is prone to “overrule” all previous judgments of the ECtHR against BiH. This means that it will render all future efforts to support constitutional reform in the country futile, because it seems to legitimize the de facto strict ethno-national cartel of power materialized in its constitution. Continue reading >>
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07 August 2025
Three Opposites in Taiwan’s Refracted Constitution
Civil society groups have initiated a mass recall movement in Taiwan, targeting the main opposition party KMT. On 26 July, it received an electoral setback. The movement has been hailed as the most recent evidence for Taiwan’s robust democracy. But its result suggests a more complicated and nuanced story concerning Taiwan’s constitutional image. Continue reading >>28 July 2025
Consolidating Parliamentary Democracy in Mongolia
In May 2025, Mongolia witnessed peaceful youth-led protests in Sukhbaatar Square reacting to the Government’s handling of corruption and a perceived lack of transparency. The demonstration led to the Government’s resignation after a failed vote of confidence. Such governmental crises are not unprecedented in Mongolia, but the reaction to it is: the current political episode stands for an emerging constitutional culture in which civil society is reclaiming constitutional mechanisms for a more participatory and responsive democratic system. Continue reading >>
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24 July 2025
An Elusive Touchdown with a Political Football
On July 19, Congress voted to revoke funding from the Corporation for Public Broadcasting – something it has not done in the 60 years since its creation. In countries with strong public media traditions, this may seem astonishing: Why would Congress defund NPR and PBS after already having appropriated the money? And what does this mean for the First Amendment? To answer these questions, we must consider the peculiar history of public broadcasting in the United States. Continue reading >>
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24 July 2025
The Great Recall Movement
Confronted with lawmakers they themselves elected just eighteen months ago, Taiwanese citizens have creatively repurposed the antiquated mechanism of "recall" as a last-resort check on a runaway legislature. Sparked by a year of legislative overreach and erosion of constitutional checks, this unprecedented campaign reflects Taiwan's spirit of civic constitutionalism, and its determination to defend its democratic institutions. Continue reading >>
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