01 November 2024
Three Takeaways from the Nearly Failed EU Referendum in Moldova
Moldova’s accelerated path towards the European Union nearly came to an abrupt halt. On 20 October 2024, the people of Moldova participated in a referendum asking whether they "support amending the Constitution with a view to Moldova's accession to the European Union". While massive Russian interference in the election process is evident (though the full proportion remains yet to be investigated), it would be too short-sighted and also dangerous for Moldova’s future path towards the EU to attribute the outcome of the referendum solely to external interference. Continue reading >>
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14 October 2024
Populismus und Plebiszit
Im kleinsten deutschsprachigen Staat, dem Fürstentum Liechtenstein, war der Einfluss rechtspopulistischer Parteien bisher überschaubar. Doch in letzter Zeit scheinen populistische Akteure in dem alpinen Kleinstaat einen Hebel entdeckt zu haben: die direkte Demokratie. Seit 2020 gab es bereits zwölf Abstimmungen, davon allein sechs im Jahr 2024. Gerade aus einer parlamentarischen Minderheitsposition heraus instrumentalisieren rechtspopulistische Kräfte direktdemokratische Verfahren, wenn ihnen entsprechende Möglichkeiten zur Verfügung stehen. Continue reading >>10 November 2023
Voting To Annex?
On December 3, Venezuelans will vote in a referendum on the annexation of Esequibo to the territory of the Bolivarian Republic of Venezuela. This blog post argues that the referendum has implications for both domestic constitutional law and international law. Since the referendum cannot have any practical effect under international law, it also violates the voters’ constitutional right to participate freely in public affairs. By prioritizing solely the interests of Venezuela over the sovereignty of Guyana, the referendum might be contrary to the principles of peaceful dispute settlement and the prohibition of force, as stipulated in the United Nations Charter. It could also challenge the established legal doctrine of state consent and infringe upon the principle of prioritizing international obligations over national law. Continue reading >>
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11 October 2023
Poland’s Sham ‘Migration’ Referendum
On June 15, 2023, Jarosław Kaczyński, leader of Poland's PiS party, announced a rare referendum, ostensibly to allow the public to weigh in on crucial elements of Polish immigration policy, alongside the general elections. Yet, in reality, the referendum had little to do with migration and the opposition parties largely ignored the referendum's questions to avoid its deployment as an electoral campaign tool. As such, whatever voters will decide on Election day, it will tell us little about the state of Polish migration politics. Continue reading >>
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20 September 2023
Poland’s Elections: Free, perhaps, but not Fair
Poland’s upcoming parliamentary elections will be the country’s most important vote since the historic elections of 1989. Indeed, the momentous character of the elections might be the only thing upon which the governing PiS (Law and Justice) party and the opposition might agree. If the elections in October were fair, PiS’ defeat might be plausible though by no means certain. Yet, the preceding sentence identifies a condition we already know will not occur. In this analysis, I map the multiple ways in which the system has been rigged in favour of the incumbents. While I will only describe the most striking aspects of this unfairness, they all form parts of a system and thus should not be looked at in isolation. Kaczyński is a shrewd politician. There’s a method to his (apparent) madness. For the opposition to win is thus a Herculean task. Herculeses do appear in politics – but not that often. Continue reading >>
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01 September 2023
Direct Democracy and Indirect Electoral Campaign
In a last-minute attempt to grow voter presence at the booths on the 15th of October, Poland’s ruling party announced it would be combining the upcoming parliamentary elections with a referendum vote on not one, but four issues. This provides the governing powers with an additional electoral campaign just for them – misnamed as the referendum – to draw public attention to the questions asked. After all, they were drafted by those seeking reelection and focus on matters most used in their political agenda. Continue reading >>02 June 2023
Democratizing Switzerland
About 25% of Switzerland’s permanent population do not possess the red passport necessary to vote due to one of the most restrictive citizenship law’s in the Western world. The Democracy Initiative is trying to change this. While unlikely to succeed, they are nonetheless starting an important conversation about how to fix Switzerland’s semi-democracy. Continue reading >>
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26 April 2023
A Conservative Constitutional Council Watching over a Conservative Constitution
On 14 April 2023, the French Constitutional Council handed down its decisions on the constitutionality of the controversial pension reform and on the referendum that was supposed to stop it. In substance, the decisions were met with little surprise. What is noteworthy about them, however, is something else: Both decisions are excellent indicators of the profoundly conservative nature of the French Constitution and of the judges watching over its observance. Continue reading >>
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17 April 2023
Die Renten- als Demokratiedebatte
Am Freitag hat der französische Verfassungsrat die Rentennovelle der Borne-Regierung im Wesentlichen nach präventiver Normenkontrolle bestätigt und die Initiative der linken Opposition zu einem Referendum („RIP“) über das Rentenalter verworfen. Die Entscheidungen sind juristisch so erwart- wie politisch kritisierbar und werfen mehrere grundsätzliche Fragen auf, die die Zukunft der französischen konstitutionellen Demokratie betreffen. Continue reading >>06 April 2023
Constitutional Change in the UK – People or Party?
The UK’s membership of, and later exit from, the EU has had a dramatic effect on the UK constitution. It also provided a catalyst for further change. These demonstrate the relative ease with which the UK constitution can be modified, reinforcing the UK’s characterisation as a predominantly political, flexible constitution. This post will argue that these transformations illustrate something more fundamental that applies to all constitutions – be they predominantly codified or uncodified, with or without the ability of the courts to strike down unconstitutional legislation. Continue reading >>
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