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    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.
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27 September 2022
Carlo Fusaro

No Institutional Upheaval in Sight in Italy

Will the new right-wing government in Italy under Giorgia Meloni attack the constitutional institutions? The program of the coalition and the numbers in Parliament both make that seem rather unlikely. Continue reading >>
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10 Mai 2022
Cem Tecimer

De-AKPification

Opinion polls by Turkey’s reputable polling firms consistently indicate that the governing AKP and its de facto coalition partner, the far-right nationalist MHP, are losing their popularity and heading to a potential defeat in the upcoming presidential and parliamentary elections of 2023. As an anti-AKP victory, or at least the real possibility thereof, draws near day by day, a vital question arises: how should opposition forces treat AKP operatives in the judiciary and bureaucracy? Is it possible to “de-AKPify” ex- or soon-to-be-ex-AKP operatives? Continue reading >>
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30 Juni 2021
Max Steuer

Neglected Actors at the Conference on the Future of Europe

Judges are prominent actors with a significant impact on European integration. Yet, no references to them appear in the Joint Declaration on the Conference on the Future of Europe. This corresponds to a view, unsustainable in the age of extensive access to information, that judges sit in ivory towers and speak exclusively through their decisions that other actors then explain to the broader public. Continue reading >>
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15 Oktober 2020
Jordi Nieva-Fenoll

Justice and Independence, an Actual Problem in Spain

On October 13, the Spanish Government presented a bill to Parliament with one main objective: to reduce the parliamentary majorities to appoint the members of the General Council of the Judiciary. Its purpose is to overcome a political blockage in the renewal of its members, which has already lasted two years. But the government's attempt, somehow awkward, has been quickly compared to maneuvers to control the judiciary in Poland and Hungary. However, this bill and those exaggerated criticisms conceal a much more relevant and, above all, sadder reality. Continue reading >>
3
28 September 2020
Ali Yildiz

Continuing Violation

Since the failed coup attempt in 2016, lawyers, judges and prosecutors have persistently been subject to illegal surveillance and mass arrests. The latest such arrest of 50 lawyers took place on September 11th, 2020, during police raids in Ankara in the dawn. Arrests of lawyers have become the new normal although legal professionals should enjoy strong protections by law. Turkey’s Court of Cassation, however, has deprived these guarantees of any practical effectiveness by unlawfully expanding the meaning of in flagrante delicto. Continue reading >>
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09 Mai 2020
Andrés Cervantes

Ecuador – Constitutionalism and Covid-19

When referring to the rule of law and constitutionalism we must be extremely cautious: Ecuador was founded in 1830 after the dissolution of Great Colombia, and in just 190 years has adopted 20 constitutions. The current Ecuadorian Constitution dates from 2008. This means that the nation does not possess a strong constitutional tradition nor a culture of promotion of the rule of law. On the contrary, Ecuador has a long history of institutional breakdowns and coup d'états which were caused by political and economic crisis. However, these were nothing compared with the situation all Ecuadorians are currently facing. Continue reading >>
1
28 April 2020
Karan Gupta

Cracks in India’s Constitutional Framework

India's constitutional system was conceptualized to share power (although not equally) between the Union and the 29 states alongside an institutionally grounded system of checks and balances between the parliament, the executive and the judiciary. As the world’s largest democracy proceeds into the sixth week of the nation-wide lockdown to address the outbreak of Covid-19, certain cracks in its constitutional framework have been exacerbated that have the potential to structurally alter the constitutional framework of checks and balances in the aftermath of the pandemic. Continue reading >>
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10 März 2020
Bertil Emrah Oder

A March in the Night

The annual Feminist Night March in Istanbul has been the most cheerful, vivid and peaceful demonstration of Turkey’s civil society since 2003 – dspite the venue restrictions imposed by the government and the use of tear gas during the marches of 2019. Complementing the discussions on the endurance and containment of civic activism, the recent Gezi Park and Kavala cases are conducive for understanding the relationship between human rights defenders and autocratic legalism. Continue reading >>
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03 März 2020
Khemthong Tonsakulrungruang

Thailand’s Obsession with Clean Politics Dismantles its Democracy

On 21 February, the already fragile Thai democracy became even more vulnerable as the Constitutional Court dissolved the Future Forward Party, the third largest party and the most active opposition against the government of Prayuth Chan-ocha. This case is the latest in the series of judicial overreach in Thailand. The phenomenon is being fueled by the unhealthy obsession of building clean politics which yields an opposite result. Continue reading >>
2
29 Februar 2020
Gabriel Armas-Cardona

Context Matters

On February 9th, the Armenian parliament authorized a referendum that would allow the Prime Minister of Armenia, Nikol Pashinyan, to remove seven of the current nine justices from the Constitutional Court. Pashinyan has called the decisions of the Court a “threat to democracy”. On its face, this seems like yet another example of a populist leader trying to use a referendum to increase his power. Examining the context of the situation in Armenia, however, paints a different picture. Continue reading >>
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Verfassungsblog is a journalistic and academic forum of debate on topical events and developments in constitutional law and politics in Germany, the emerging common European constitutional space and beyond.

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