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29 May 2024

Untying the Gordian Knot

Much like Alexander the Great’s “untying” of the mythical Gordian Knot in ancient Persia, tracking defamation litigation in this year’s US Presidential election season would appear to not only require formal legal training, but resort to some fairly unconventional tactics. But rather than slicing the metaphorical knot with brute force (as legend has it), this article shines a modest but revealing light on the history and principles of US defamation law to assist foreign jurists with its many technicalities and often perplexing uses. Continue reading >>
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28 November 2023

Machado vs. the Goliath Chavista

On October 27, María Corina Machado, was declared the winner of the presidential primary elections organized by the National Commission, a civil society association. With more than 92% of the votes, she has become the new face of the Venezuelan opposition. Despite having popular support, her ability to run for the presidency in 2024 is in doubt. Since June 2023, the political ban she was once subject to in 2015 has been extended for fifteen years, which the Venezuelan Supreme Tribunal of Justice (STJ) confirmed on October 30 following an electoral administrative appeal by the pro-government parliamentarian Brito Rodríguez. This blog details why Machado’s disqualification violates Venezuela’s constitution and should be seen as Maduro’s latest attempt to obstruct the holding of free and fair elections in 2024. Continue reading >>
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26 November 2023
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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 >>
30 October 2023

Justifying a Political Dynasty

The Indonesian Constitutional Court has handed down a highly controversial decision lowering the minimum age requirement for presidential candidacy. It raises further alarms about the Court's independence, as the petitioner sought to allow President Jokowi's son, Gibran Rakabuming Raka, to run in the 2024 presidential elections. Worse, the current Chief Justice is married to the President's younger sister, and the Court's legal reasoning it not sound. Continue reading >>
12 September 2023

Justice-on-Demand at the Indonesian Constitutional Court?

Indonesia will have the world’s biggest one-day election in 2024. More than 200 million voters will go to the ballots to choose the next president and legislative members on 14 February, opening a fresh chapter for the nation’s leadership after a decade of President Joko Widodo’s rule. In recent weeks, the Constitutional Court has been flooded with back-to-back filings for judicial review of Indonesia’s General Election Law. Against the backdrop of Indonesia’s declining levels of trust in public institution, the Court’s rulings might not only change the rules of Indonesia’s electoral game but also threaten to further impair its own independence and integrity. Continue reading >>
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18 August 2023

Has Right-Wing Populism Reached Argentina?

Last Sunday, August 13, Argentina held elections to determine the candidates who will run in next October's national presidential elections. In a surprising turn of events, the far-right candidate Javier Milei, an outsider that started in politics around 2019, surged ahead in the preliminary elections, sending shockwaves through Argentina's political landscape which has traditionally favoured left-wing populism. In this blogpost, I argue that disillusionment with political establishment, extremely high inflation and crime are core reasons driving Milei’s surprise success at the ballot box. Continue reading >>
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14 July 2022

Terra Incognita for the Fifth French Republic

Undoubtedly, 19 June 2022 will make a mark in the history of the Fifth Republic. Not only did it mark the end of the “absolute majority” of the re-elected President’s party in the Chamber of Deputies, but it also brought about an upheaval in the political and institutional habits in force since 1958. One might be inclined to think that this new configuration will be favorable to dialogue and cooperation between the institutions of the Fifth Republic. One might even assume that the National Assembly, now composed of multiple political forces, will once again be a place for debate. June 2022 will certainly have sounded the death knell of French “presidentialism”, but the concomitant advent of such a divided Assembly will perhaps not favor the emergence of a renewed parliamentarism. Continue reading >>
03 March 2022

Three Constituent Peoples and “the Others”

This fall, presidential and general elections are supposed to take place in crisis-torn Bosnia and Herzegovina. Already in 2009, the electoral system in force and its approach of ethnic representation was found to be discriminatory in terms of the ECHR by the Strasbourg court’s famous Sejdić and Finci decision. Without necessary amendments to the Constitution and the Election Act, the country now risks facing an electoral boycott or entering an election process contrary to the ECHR for the fourth time in a row. Continue reading >>
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16 January 2022

All Needs to Stay As It Is so All Can Change

The terms of office of Italian President Sergio Mattarella and German President Frank-Walter Steinmeier will end within few weeks from one another. Yet the two countries could not experience the two deadlines more differently. While the German President's re-election in the first round is certain, in Italy a sort of collective psychodrama has been going on for months. Continue reading >>
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30 November 2020

Nothing will Change

On 15 November 2020, the reformist, pro-European candidate Maia Sandu has won the presidential election in the Republic of Moldova. Sandu has raised great expectations among the population that she will eradicate corruption and mitigate the devastating effects of COVID-19. As the confetti has been swept away and the euphoria about her victory is passing, it is doubtful, whether President Sandu can deliver on her campaign promises, given the President’s limited powers and the composition of parliament. Continue reading >>
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