07 October 2024
The French Premiership Saga
The appointment of Michel Barnier as French Prime Minister and the designation of a cabinet even further to the right has led to thousands of protesters rallying across France. Taking a step back from the latest developments, this post looks back to some of the constitutional tensions the events of this summer have exposed. It argues that Emmanuel Macron’s actions following the snap election have relied on a distorted reading of the French constitution. In addition to raising serious legal questions, these actions have also set worrying precedents that arguably fit in a pattern of “executive aggrandizement”. Continue reading >>
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24 February 2021
Draghi’s New Cabinet Sails but Italian Political Institutions Do not Risk Reforms
On 13 February 2021, the new Prime Minister Mario Draghi was sworn in with his ministers by President Mattarella. Draghi had received the task of forming the government on 3 February, ten days earlier. The second Conte government had resigned on 26 January. The new government won the confidence of the Senate on 17 February and that of the Chamber of Deputies on the 18th: the crisis was resolved within eighteen days (twenty-three if the two parliamentary votes are taken into account). It must be emphasized that in Italy the government does not take office after the parliamentary vote, but before, with the oath of office (Art. 93 It. Const.). This is fundamental to understand the role of the Head of State. Continue reading >>
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15 January 2021
Press Here to Reset the System
Why removing Trump from an office he no longer holds is a good thing to do Continue reading >>
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05 October 2018
The Sixtieth Anniversary of the French Constitution: Toward the Death of the Fifth Republic?
The defining feature of the French constitution, which celebrates its 60. anniversary these days, is the extreme concentration of powers in the hands of the President. Will the debate which has been sparked by the powers of Emmanuel Macron lead to a Sixth Republic? Continue reading >>23 June 2018
The Tide is Turning: Elections in Turkey
Will the elections tomorrow change the course of the country in an equally abrupt and infinitely more dramatic manner? Is the seemingly limitless power of President Recep Tayyip Erdoğan and his Adalet ve Kalkınma Partisi (Justice and Development Party) about to crumble? It’s too early to say. But it is definitely possible. Continue reading >>14 March 2017
Impeaching Remnants of the Authoritarian Past: A Constitutional Moment in South Korea
Last Friday, effective March 10 at exactly 11:21 a.m., the sitting President Park Geun-hye was removed from her office by a unanimous decision of the South Korean Constitutional Court. With public life coming to a standstill as eyes focused on TV and internet live broadcasting, the acting Chief Justice delivered the court decision. The conclusion of the constitutional impeachment procedure marked the climax of a transformative ongoing constitutional moment in South Korea. Continue reading >>16 February 2017
Wie Trump gestürzt werden könnte
Die Republikaner im Kongress könnten Trump des Amtes entheben, müssten dann aber vor dessen Anhängern die Verantwortung dafür tragen. Es gibt einen anderen Weg, der ihnen den Entschluss dazu erleichtern könnte. Continue reading >>13 February 2017
Presidentialism à la Turka or what? The (missing) logic behind the constitutional amendments
Erdoğan’s efforts to inscribe his understanding of presidential domination into the Turkish constitution should not be mistaken for a systematic turn towards a presidential model of government. The inbuilt inconsistencies of the reform may well develop some serious unintended side effects causing political deadlock and institutional breakdown in the long run. Continue reading >>
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05 February 2017
Marine Le Pen’s Constitutional Programme on the European Union: Use, Misuse and Abuse of Referenda
Marine Le Pen, the far-right candidate for President of France, was asked in an interview about her constitutional programme should she be elected in May. Her answer can be summarised in one word: referenda. One of them would be, of course, about “Frexit”, the other would include a vast set of amendments to the French Constitution and would take place just after the legislative elections. That, however, would not most likely not be the end of it. Continue reading >>28 January 2017
The Final Trick? Separation of Powers, Checks and Balances, and the Recomposition of the Turkish State
The Turkish parliament has recently passed constitutional amendments that will, pending the public referendum in spring 2017, set aside decades of parliamentary system tradition. Presumably aimed to repair the dysfunctions of the current regime and to respond to the need of a “stronger Turkey”, the proposed draft does not only eradicate the principle of separation of powers but rebuilds the state according to the interests of ruling groups, without much consideration being paid to the overall integrity of the system and long term implications. Continue reading >>
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