14 November 2024
An Antidote To Constitutional Authoritarian Populism?
Presidential reelection is once more a focal point in Latin American constitutional law. The amendment to the 2010 Dominican Constitution, approved in October 2024, modifies the presidential term to bar future changes that would permit unlimited presidential reelection. This reform opposes the populist trend that argues for the people’s unconditional right to reelect the incumbent president, as witnessed in Venezuela and Chile. However, as cases like El Salvador demonstrate, constitutional design may be insufficient to deter abusive interpretations by constitutional courts. Continue reading >>
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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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12 February 2024
The Year of the Defense of Life, Liberty and Property
Following his inauguration on December 10, Argentina's President Javier Milei has pursued his governmental goal to reduce the size and expenses of the state and to deregulate productive activities by issuing Executive Order (DNU) 70/23, titled "Bases for the Reconstruction of the Argentine Republic." This executive order is unprecedented in Argentina's history for its ambitious scope, addressing a wide range of issues in a single directive. This blogpost maps some constitutional questions that arise with Milei’s choice of implementing his governmental agenda via Executive Order, including their status in Argentina’s constitutional system and available mechanisms for congressional and judicial control. Continue reading >>
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29 May 2023
Ecuador’s Mutual Death Clause
On May 17, Ecuadorian President, Guillermo Lasso, dissolved the National Assembly by activating a unique constitutional clause known as ‘mutual death’ [muerte cruzada]. Under this provision, added to Ecuador’s Constitution in 2008 but never before used, the President can dissolve the Legislative, call general elections, and rule by decree until a new Legislative and President are elected. This post details the significance of these recent events and the decision of the Constitutional Court to render the clause non-reviewable. Continue reading >>
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18 July 2022
The People vs The President
Sri Lankan president Gotabhaya Rajapaksa finally resigned on 14 July 2022. The Speaker of the Sri Lankan Parliament confirmed the resignation on 15 July 2022. This is a tremendous victory for the people who have asserted their sovereignty through their daily activism. Recognizing the Sri Lankan crisis as a constitutional moment to introduce legal-political reforms is imperative to respond to the worst economic crisis the country has faced since independence and to engage with the diverse range of protestors within a constitutional-political framework. Continue reading >>
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07 May 2021
The Price of Limiting Power
On 18 April 2021, Mongolia’s political landscape was hit by an unexpected event: President Battulga Khaltmaa issued an official decree in which he suggested to dissolve Mongolia’s 100-year-old ruling party, the Mongolian People’s Party (MPP). What appears to be a political problem at first glance, points to a deeper crisis of Mongolia’s constitutional democracy. Continue reading >>
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28 May 2020
A Motion of No Confidence and Political Power Struggles Amidst a Pandemic
Only in office since the beginning of February, Kosovo’s Prime Minister Albin Kurti did not survive a motion of no confidence in late March. Instead of calling new elections, the President of the Republic has been working towards forming a new government, invoking his right to propose a Prime Minister. This move, however, has no basis in the constitution, and the Constitutional Court is expected to clarify the matter any day. Continue reading >>
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21 May 2020
Cameroon’s Fight Against COVID-19: An Ordinary Legal Framework for an Extraordinary Situation
Cameroon has neither resorted to the exceptional measures that its constitution provides for, nor adopted a new law for the occasion, as many other countries have done. The state has instead relied on already existing provisions, applicable in ordinary times to combat the pandemic. This speaks volumes about the “ordinary” powers of the administrative authorities. Continue reading >>
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09 May 2020
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 >>19 October 2019
The Law Can’t Always Fix It
On 14 October, the Venice Commission released an opinion on the scope of the power of the President of Albania to set the dates of elections. In Albania, the President is facing impeachment due to his postponement of the local elections, and the Albanian Assembly’s Speaker requested the Venice Commission to issue its opinion on the President’s actions. While the Commission was clear in its legal conclusions, the reactions of the Albanian public to the report illustrate that a reasoned legal opinion was not suited to calm the ongoing political battles in Albania. Continue reading >>
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