02 August 2024
Shades of Unconstitutionality
On July 12, the Grand National Assembly of Türkiye passed the 9th Package of Judicial Reforms. The package continues the tradition of amending various unrelated laws through a so-called omnibus law under the guise of reform. In addition, another feature has become remarkable: the alleged reforms deliberately overrule the decisions of the Turkish Constitutional Court (TCC), rendering its rulings null and void. Continue reading >>
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26 November 2023
Change for the Sake of Change
On 19 November 2023, Argentinian citizens voted in a run-off election between Sergio Massa, the current Minister of Economy, and Javier Milei, the libertarian candidate, to elect the president of the Republic for the next four years. With a difference of 11%, Milei, an anarcho-libertarian and anti-caste populist, won over the populist alternative of the Peronist apparatus. The result of the elections means that 40 years after the restoration of democracy, the extreme right has come back into power in Argentina. In this blog, we offer an explanation of Milei's electoral win and map how Argentina's constitutional institutions might help reign in some of his more radical proposals. Continue reading >>08 January 2021
The Paradox of Israel’s Coronavirus Law
On January 12, 2021, the Israeli Supreme Court sitting as High Court of Justice (HCJ) will hear arguments in a series of cases challenging the constitutionality of Israel’s Coronavirus Law. This Law was enacted on July 23, 2020, to replace the Israeli government’s reliance on general emergency powers. It was supposed to curb the government’s powers on restricting rights and ensure parliamentary supervision of enacted measures. In fact, however, it handed the government new executive lawmaking powers rather than limiting them. Continue reading >>
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21 May 2020
Can Parliament Exercise Effective Control over the Emergency Legislation?
Despite the enormous delegation of power under the recent emergency legislation, the Hungarian parliament is still able to exercise parliamentary scrutiny and its constitutional prerogatives. Continue reading >>
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30 April 2020
Concentration of Powers in the Federal Executive: The Application of Emergency Powers in Switzerland
Were we ready for the crisis? I do not mean whether Switzerland had enough hospital beds and ventilators, but whether its Federal Constitution was ready. Arguably, the former are vital, and as regards the latter, Switzerland is under no suspicion of losing its quality as a democracy and a Rechtsstaat. Still, the constitutional questions raised by the Corona crisis are troubling. The federal government is applying emergency powers unheard of since WW2, and which were previously unimaginable for most. Legal scholars are only starting to grapple the full implications of the crisis. Continue reading >>
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01 April 2020
Governing Through Fear in France
The present pandemic affects our ways of life and acts as a magnifying glass: It helps us to see the main features of our political and legal systems better. In France, the Act of Parliament from March, 23 reveals a well-known feature of the French fifth Republic: Parliament is not considered as a major political institution. Furthermore, it reveals yet again that the state of emergency has become common since 2015. Continue reading >>
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05 May 2019
Ze-Situation: A Constitutional Law Perspective on Ukraine’s Elections and What is Coming Next
On 21 April, 41-year-old actor and comedian Volodymyr Zelenskiy, who entered the political scene only in January 2019, won the second ballot of Ukraine’s presidential election with 73 percent of the national vote. Ukrainians are placing high hopes on their new President to improve the country’s politicial and economic situation. But political games and Ukraine’s constitution will make it difficult for Zelenskiy to bring about the change he was elected for. Continue reading >>
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01 May 2018
Has Parliament Taken Charge of Brexit?
The UK House of Lords has adopted amendments to the European Union (Withdrawal) Bill that would make the conclusion of a withdrawal agreement contingent on parliamentary approval. It is not at all clear which, if any, of the Lords amendments will survive in the House of Commons, and we may not find out for a while. It may be premature to conclude that Parliament is now fully in charge of the Brexit process. What the amendments show, however, is that Parliament can assert control if it chooses to do so. Continue reading >>
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20 October 2016
Streit um NSA-Selektorenlisten: Die G 10-Kommission als Nichtbeteiligte?
Die G 10-Kommission kann nicht in Karlsruhe überprüfen lassen, ob die Bundesregierung ihr zu Recht die Herausgabe der NSA-Selektorenliste verweigert. Diese Entscheidung des Zweiten Senats des BVerfG ist nicht überzeugend, schwächt die institutionelle Kontrolle exekutiven Handelns und liegt quer zu der Linie des Ersten Senats. Continue reading >>
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