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Oliver Elliott examines how the press responded to Syngman Rhee’s arrest and violent repression of a large number of legislators during the 1952 constitutional crisis. It shows how the majority of American media outlets treated Rhee’s anti-democratic methods as, at worst, only a mild provocation and gave the story marginal attention, reflecting the widespread sympathy for Rhee amongst the highest levels of the American media elite, the logistical challenges of reporting on the political situation in South Korea and a belief that South Korean domestic affairs were largely beyond the purview of the international community. The Rhee regime also proved highly adept at presenting his move against the National Assembly as satisfying the popular will of the nation.

The WTO dispute settlement system, often described as the jewel in the crown of the WTO is fast skidding of the path of success due to the US vetoing of appointment of judges to the Appellate Body – the second tier appellate review organ. With the seven-member body now depleted to three, the dispute settlement system and possibly the entire WTO legal system is tethering on the precipice of a constitutional crisis. This has been made even more serious as two of the remaining three members of the Appellate Body – Thomas R. Graham and Ujal Singh Bhatia will complete their second unrenewable terms on 10 December 2019. This article considers viable options for appointing judges to the Appellate Body outside the very stringent rules on consensus established in Article 2:4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (Dispute Settlement Understanding or DSU). It also explores a possible proactive use by the Ministerial Conference and the General Council, of the power to adopt authoritative interpretations under Article IX:2 of the WTO Agreement to help break the current impasse in the appointment of judges to the Appellate Body.

This purpose of this paper is to examine the way in which courts in the UK interpret both ouster clauses and other provisions that may appear to inhibit or preclude the performance of the judicial, including the interpretive, function. Examining such questions supplies a valuable opportunity to consider how the UK's uncodified constitutional system works, and how judicial understandings of that system - and of the curial role within it - have developed over time. In this way, it becomes possible to understand why older decisions in which legislative ouster was met with judicial equanimity seem so archaic when viewed through a contemporary lens. Ultimately, the question arises whether judicial construction of ouster clauses in the UK is so strained as to amount, in substance, to something more than just interpretation - a question that implicates fundamental issues about the veracity of the principle of parliamentary sovereignty. It is argued, however, that the case law - and the broader set of institutional interactions of which it forms a part - does not provide any definitive answer to such questions, and that the imperative of avoiding constitutional crisis renders such uncertainty a good rather than a bad thing.

The reprinted paper refers to Georg Lind and his colleagues’ MCT-based FORM study conducted at several European universities in 1977-1983, including Polish ones. After a short phase of democratization, in 1981 Polish society suddenly faced martial law. That experience had an impact on Polish students moral-, discursiveand democratic competences, as measured by MCT. When Ewa Nowak started her Alexander von Humboldt Foundation supported research stay under the supervision of Professor Georg Lind (University of Konstanz, 2008-2010), they were inspired to revisit and discuss the puzzling Polish research findings of 1981/3. According to their main hypothesis, martial law restricted free speech at universities, and free speech is a key facilitator of the development of moral and democratic competence. In 2018, after a decade of collaborative research on moral and democratic competence, Lind, Nowak and colleagues started a new international MCT study in several Central- and East European countries to examine the impact of the contemporary constitutional crisis in Poland (and the institutional crisis within the European Union) on students’ moral and democratic competencies. In 2018/9 the 40th anniversary of the Moral Competence Test (MCT) and Konstanz Method of Dilemma Discussion (KMDD) will be celebrated. We would like to provide you with the most recent research findings soon.

Behind the constitutional crisis of the European Union lies the conjuncture of ‘authoritarian liberalism’, when politically authoritarian forms of governing emerge to protect the material order of economic liberalism. This constitutional conjuncture can be grasped by integrating into constitutional enquiry the material dynamic between democracy and capitalism, as recently theorised by Wolfgang Streeck. Authoritarian liberalism can then be explored across a much deeper and longer constitutional trajectory, from the interwar breakdown of liberal constitutionalism, to its post-war and post-Maastricht reconstruction, in each case represented by a de-democratisation of the economy. From this perspective, the recent assaults on democracy in the Euro-crisis appear to be a continuation of, rather than divergence from, the normal path of integration. Where this will end remains to be seen. Although authoritarian liberalism is increasingly accompanied by authoritarian illiberal responses, there has not yet been any definitive rupture, with the possible exception of Brexit.

In 2018, Justice Kennedy wrote that the Supreme Court should “reconsider the premises” of Chevron v. NRDC based on “separation-of-powers principles.” In 2015, Justice Thomas was the first judge to argue in an opinion that Chevron is unconstitutional, and Justices Gorsuch and Kavanaugh are the only judicial nominees whose anti-Chevron critiques were featured elements of their candidacy. Petitions for certiorari have challenged Chevron’s constitutionality, echoing litigants in other federal courts, and academics have joined both sides of the debate. This Article responds to modern disputes over Chevron with a new history of how the constitutional crisis developed, a rebuttal of modern critiques, and a description of their potentially destructive effect on administrative governance and constitutional law. The Article describes a shift from Reagan-era support for Chevron to “post-Scalian” attacks. It concludes by considering anti-Chevron constitutional critiques alongside other Trumpist efforts to “deconstruct the administrative state.” To overrule Chevron would be the most radical decision about constitutional structure in eighty years, unsettling hundreds of judicial decisions, thousands of statutes, and countless agency decisions. This Article contributes to existing literature with novel historical research, and detailed engagement with anti-Chevron critiques that have become newly sophisticated and politically powerful.

Talk about impeaching President Donald Trump increases as the Democratic Party reclaims control of the House of representatives following the 2018 mid-term elections. The very next day Americans awake to learn of these developments and just hours later that Attorney General Jeff Sessions has been fired, “replacing him with a loyalist who has echoed the president’s complaints about the special counsel investigation into Russia’s election interference and will now take charge of the inquiry.” As a Constitutional crisis looms large over the Trump Presidency, now is a good time to examine the history and role of impeachment in our constitutional system, how it works, and likely implication given what is now known about the Trump presidency. This Article proceeds in nine parts. First, is an examination of the Constitutional provision for impeachment. Second, is a look at the history of U.S. presidential impeachment proceedings in general. Third, a discussion about the impeachment proceedings of President Andrew Johnson is presented. Fourth, the unique situation in more recent history of Vice President Spiro Agnew is discussed. Fifth, President Richard Nixon and the impact of Watergate is offered. Sixth, the impact of President Bill Clinton’s impeachment is examined. Seventh, is a look at the mechanics of impeachment in a contemporary setting. Eighth, given facts now known, I look at the potential for President Donald Trump’s impeachment and removal, including arguments for nine currently identifiable impeachable offenses. And last, I conclude. I believe this Article comes at an important crossroads for the American democracy. The issues addressed here are timely and of profound importance to the United States, global community, and to the future of civilization. Seldom can these claims be made of a law review article.

In the election of 1880, Northampton chose Charles Bradlaugh as one of their two MPs. In doing so, they precipitated a constitutional crisis that would run for six years.

El articulo contiene una análisis de la profunda transformación política experimentada en Polonia en los años 2015 – 2017. El Autor analiza los cambios legales que suponen una transición del constitucionalismo liberal hacia un régimen autoritario y que provocaron una reacción de la comunidad internacional. Varios ejemplos de la violación del principio de legalidad han ocasionado en diciembre 2017 el comienzo del procedimiento del articulo 7 del Tratado de la UE para que Polonia respete los valores comunes de la UE. En el articulo están presentados los principales problemas que causaron esta crisis constitucional. El Autor se enfoca en aspectos institucionales y procedimentales, dedicando la mayor atención a la materia de la injerencia en la independencia del poder judicial y de otras instituciones provistas de autonomía constitucional (entre ellos Tribunal Constitucional y Tribunal Supremo). En la conclusión el Autor presenta un esquema utilizado por la mayoría parlamentaria para cuestionar el equilibrio constitucional. Primer elemento son las modificaciones legislativas rápidas que entran en vigor sin periodo de adaptación adecuado. El segundo mecanismo utilizado son las enmiendas que no respetan el requisito de la periodicidad de mandatos – el legislador recorta de una manera arbitraria incluso aquellos mandatos cuya duración dimana directamente de las normas constitucionales. Tercer elemento del esquema es la practica de implementar el eslogan populista según el cual la mayoría parlamentaria es el representante exclusivo de la voluntad del Pueblo. El ultimo elemento es la creación, por medio de leyes, de nuevos órganos públicos que asumen las competencias adjudicadas originalmente a los entes constitucionales.The article contains an analysis of the profound political transformation experienced in Poland in the years 2015 – 2017. The Author analyzes the legal changes that imply a transition from liberal constitutionalism towards an authoritarian system and that provoked a reaction of the international community. Several examples of the violation of the principle of the rule of law have caused in December 2017 the beginning of the procedure of Article 7 of the EU Treaty so that Poland respects the common values of the EU. The main problems that caused this constitutional crisis are presented in the article. The author focuses on institutional and procedural aspects, devoting the greatest attention to the matter of interference in the independence of the judiciary and other institutions provided with constitutional autonomy (including Constitutional Tribunal and Supreme Court). In the conclusion, the author presents a scheme used by the parliamentary majority to question the constitutional balance. First element are the rapid legislative amendments that come into force without adequate adaptation period. The second mechanism used are the amendments that do not respect the requirement of periodicity of mandates - the legislator arbitrarily cuts even those terms whose duration derives directly from the constitutional norms. The third element of the scheme is the practice of implementing the populist slogan according to which the parliamentary majority is the exclusive representative of the will of the Nation. The last element is the creation, by means of ordinary laws, of new public bodies that assume the competences originally awarded to the constitutional entities.

This paper analyzes the constitutional events in the summer of 2012 when Romania experienced the deepest constitutional crisis in the country’s post-communist history. It discusses the implications of these events for semi-presidentialism, a regime that splits executive power between the president and the prime minister, and which has become a popular choice for constitutional design in Europe and around the world. I ask how constitutional democracies that are still at a relatively early stage of political maturity can handle the pressures of ideological splits within the executive power. Is semi-presidentialism a good choice of regime for societies in transition to constitutional democracy? The article also approaches the crisis from the perspective of the European Union. After describing its complex role in the unfolding of the Romanian crisis, I ask about the intervention tools—legal and/or political—available to the Union in the event that one of its member states is at the brink of sliding into authoritarianism.

The Russian Federation became a member of the Council of Europe in 1996. This step determined the development of Russia’s judicial system for the coming several decades and made it possible for Russia’s national system of law to integrate into judicial landscape of Europe, thereby enabling Russia to uphold democratic values. The emergence of new legislation affected all branches of Russia’s system of law. But the experience of the two decades has demonstrated that such modernization can be effective only by way of dialogue rather than by simple copying and implementing international rules. An important role in this process was played by the Constitutional Court of the Russian Federation (RF) that was founded in 1991. The paper reviews the role it played in the 1993 Constitutional crisis, examines the Court’s structure and powers, and also analyzes the juridical nature of its decisions. The Author analyzes the collisions between decisions handed down by the European Court of Human Rights and the Constitution of Russia from the point of view of the stand taken by the Constitutional Court of the RF. In the¿ end, the Author arrives at the conclusion that there is a need for a dialogue among European and national systems of justice with the help of filtration mechanisms and multilevel constitutionalism. The Russian Federation became a member of the Council of Europe in 1996. This step determined the development of Russia’s judicial system for the coming several decades and made it possible for Russia’s national system of law to integrate into judicial landscape of Europe, thereby enabling Russia to uphold democratic values. The emergence of new legislation affected all branches of Russia’s system of law. But the experience of the two decades has demonstrated that such modernization can be effective only by way of dialogue rather than by simple copying and implementing international rules. An important role in this process was played by the Constitutional Court of the Russian Federation (RF) that was founded in 1991. The paper reviews the role it played in the 1993 Constitutional crisis, examines the Court’s structure and powers, and also analyzes the juridical nature of its decisions. The Author analyzes the collisions between decisions handed down by the European Court of Human Rights and the Constitution of Russia from the point of view of the stand taken by the Constitutional Court of the RF. In the¿ end, the Author arrives at the conclusion that there is a need for a dialogue among European and national systems of justice with the help of filtration mechanisms and multilevel constitutionalism

All Federal and devolved systems of government divide competences between two orders of government, and relations between them have to be managed through systems of intergovernmental relations (IGR). Anderson and Gallagher describe and analyse these in Canada and the UK. IGR is predominantly an executive matter in both, with little role for the legislative assemblies. Both are relatively informal, without substantial institutionalization, in spite of attempts. Instead, IGR is dealt with at a high level by political negotiation and on a day-to-day level by officials dealing with practical and technical matters. Yet there are important differences between the two, resulting from their distinct histories and the radical asymmetry of the UK arrangements. Devolution is a side issue most of the time in London but comes to the fore at a time of constitutional crisis, such as the Northern Ireland peace process or the Scottish independence referendum. This makes it easier for the UK to concede, incrementally, more powers to Scotland, with some tendency for Wales to play catch-up. The distinct politics of each of the devolved territories has also made British IGR largely bilateral even on constituional issues. Federal–provincial relations on the other hand are at the heart of Canadian policy-making in important fields. The Canadian system is consciously multilateral, actively resisting increased asymmetry. The fact that there are other provinces means Quebec cannot have as distinct a status as, say, Scotland in the UK. Canadian IGR are long established, while the UK’s are still a novelty. Inevitably, therefore, it is the UK which can take lessons from Canadian experience.

Mongolia’s political system has received well-deserved attention as one of the most successful examples of democratization in the Asian region. Since 1990, Mongolia has undergone peaceful constitutional change and has conducted several democratic elections. Human rights are well-respected, the media is free and political competition exists. This is all the more remarkable given that constitutional democracy has developed “without prerequisites,”

Contents: Introduction: Constitutionalism and constitutional change in East and Southeast Asia: a historical and comparative overview, Albert H.Y. Chen Part I Country Studies: Japan: The anatomy of a conservative court: judicial review in Japan, David S. Law South Korea: The constitutional court and judicialization of Korean politics, Tom Ginsburg North Korea: The constitution of North Korea: its changes and implications, Dae-Kyu Yoon Mongolia: When courts and politics collide: Mongolia's constitutional crisis, Tom Ginsburg and Gombosuren Ganzorig People's Republic of China: From administrative rule of law to constitutionalism? The changing perspectives of the Chinese public law, Qianfan Zhang Taiwan: The legal development of Taiwan in the 20th century: toward a liberal and democratic country, Tay-sheng Wang Hong Kong: Constitutional adjudication in post-1997 Hong Kong, Albert H.Y. Chen Vietnam: Analytical models for understanding constitutions and constitutional dialogue in socialist transitional states: re-interpreting constitutional dialogue in Vietnam, Mark Sidel Cambodia: Cambodia: from civil war to a constitution to constitutionalism?, Jorg Menzel Thailand: Constitutional afterlife: the continuing impact of Thailand's postpolitical constitution, Tom Ginsburg Philippines: Transplanted constitutionalism: the Philippine debate on the secular state and the rule of law, Raul C. Pangalangan Indonesia: Indonesian constitutional reform: muddling towards democracy, Tim Lindsey Brunei: Brunei's revamped constitution: the sultan as the grundnorm?, Tsun Hang Tey East Timor: Legal pluralism and the rule of law in Timor Leste, Laura Grenfell Malaysia: The Malaysian constitution after 50 years - retrospective, prospective and comparative perspectives, H.P. Lee Singapore: 'Pragmatism and realism do not mean abdication': a critical and empirical enquiry into Singapore's engagement with international human rights law, Li-annThio. Part II Comparative Studies: The emergence of East Asian constitutionalism: features in comparison, Jiunn-Rong Yeh and Wen-Chen Chang The making and remaking of constitutions in Southeast Asia: an overview, Kevin Y.L. Tan Name index.

This chapter explores both sides of the country's deep-seated class conflict, which revealed itself in a public debate about constitutional democracy between the highest levels of the judiciary and the leaders of Germany's powerful labor unions. Legal theorists often emphasize the importance of reaching consensus on moral principles for the stability of a constitutional system. In Germany, that consensus did not exist. The political representatives whom Germans elected after the Great War to draft a constitution could agree that the new German state should be a republic as opposed to a monarchy. However, they could not find common ground regarding as foundational a question as the authority of the three branches of government and their proper relationship to one another. Most important, minds diverged on whether the state should embrace parliamentary supremacy: the idea that the legislative branch, not the judicial or executive, should enjoy final authority in national decision making.

Born from the ashes of French colonial rule, Guinea has known a tumultuous history both in the formation of the current government at the level of its constitutional history. In the aftermath of independence (at the cost of a long political struggle) in 1958, the country experiences different constitutional cycles: the presidential regime, the presidential systemand the democratic regime. From 1958 to 2009, these first regimes were essentially characterized by constitutional crises with serious implications for all sectors of the national life. But these different crises took place differently and have not all been resolved in the same way.Most of these constitutional crises resulted from the violation of constitutional texts often confusing and incomplete but also suspension of the Constitution. In this respect, and by comparison with other African countries where they have proven themselves, modes of political and judicial resolutions have always been used to resolve the crises in Guinea. These modes have been and are still seen as the most appropriate in the Guinean context. But beyond these modes of resolution, also widespread in Africa as a whole, it seems necessary now to experiment with other approaches that are essential for sustainable peace and national cohesion. These new tracks, we can retain transitional justice and consociational democracy which deal on the first hand, with repairing the painful past; on the other hand, with the distribution of power and wealth between the different regions or communities. These alternatives modes could bring adequate solutions to the real roots of the constitutional issues and in this regard, deserve to be approached through the prism of Guinean context.; Née des cendres du régime colonial français, la Guinée a connu une histoire tumultueuse tant au niveau de la formation de l’État actuel qu’au niveau de son histoire constitutionnelle. Au lendemain de son indépendance (obtenue au prix d’une longue lutte politique) en 1958, le pays va connaître différents cycles constitutionnels : le régime présidentialiste, le régime présidentiel et enfin le régime démocratique. De 1958 à 2009, ces deux premiers régimes furent essentiellement caractérisés par des crises constitutionnelles avec des graves répercussions dans tous les secteurs de la vie nationale. Mais ces différentes crises ont connu des manifestations différentes et n’ont pas toutes été résolues de la même façon.La plupart d’entre elles ont résulté de la violation de textes constitutionnels souvent confus et incomplets, mais aussi de la suspension pure et simple de la Constitution. À cet égard, et par voie de comparaison avec d’autres pays africains où ils ont fait leur preuve, les modes de résolutions politiques et juridictionnels ont toujours été utilisés pour résoudre les crises en Guinée. Ces modes ont été et sont encore vus comme les plus appropriés dans le contexte guinéen. Mais au-delà de ces modes de résolution, d’ailleurs très répandus dans l’Afrique tout entière, il paraît nécessaire aujourd’hui d’expérimenter d’autres approches qui seraient indispensables à la paix durable et à la cohésion nationale. De ces nouvelles pistes, nous pouvons retenir la justice transitionnelle et la démocratie consociative qui portent respectivement d’une part, sur la réparation des crimes du passé ; d’autre part, sur la répartition du pouvoir et des richesses entre les différentes régions ou communautés. Ces modes alternatifs pourraient apporter des solutions adéquates aux vraies racines des problèmes constitutionnels et à cet égard, méritent d’être appréhendés à travers le prisme du contexte guinéen.

Born from the ashes of French colonial rule, Guinea has known a tumultuous history both in the formation of the current government at the level of its constitutional history. In the aftermath of independence (at the cost of a long political struggle) in 1958, the country experiences different constitutional cycles: the presidential regime, the presidential systemand the democratic regime. From 1958 to 2009, these first regimes were essentially characterized by constitutional crises with serious implications for all sectors of the national life. But these different crises took place differently and have not all been resolved in the same way.Most of these constitutional crises resulted from the violation of constitutional texts often confusing and incomplete but also suspension of the Constitution. In this respect, and by comparison with other African countries where they have proven themselves, modes of political and judicial resolutions have always been used to resolve the crises in Guinea. These modes have been and are still seen as the most appropriate in the Guinean context. But beyond these modes of resolution, also widespread in Africa as a whole, it seems necessary now to experiment with other approaches that are essential for sustainable peace and national cohesion. These new tracks, we can retain transitional justice and consociational democracy which deal on the first hand, with repairing the painful past; on the other hand, with the distribution of power and wealth between the different regions or communities. These alternatives modes could bring adequate solutions to the real roots of the constitutional issues and in this regard, deserve to be approached through the prism of Guinean context.; Née des cendres du régime colonial français, la Guinée a connu une histoire tumultueuse tant au niveau de la formation de l’État actuel qu’au niveau de son histoire constitutionnelle. Au lendemain de son indépendance (obtenue au prix d’une longue lutte politique) en 1958, le pays va connaître différents cycles constitutionnels : le régime présidentialiste, le régime présidentiel et enfin le régime démocratique. De 1958 à 2009, ces deux premiers régimes furent essentiellement caractérisés par des crises constitutionnelles avec des graves répercussions dans tous les secteurs de la vie nationale. Mais ces différentes crises ont connu des manifestations différentes et n’ont pas toutes été résolues de la même façon.La plupart d’entre elles ont résulté de la violation de textes constitutionnels souvent confus et incomplets, mais aussi de la suspension pure et simple de la Constitution. À cet égard, et par voie de comparaison avec d’autres pays africains où ils ont fait leur preuve, les modes de résolutions politiques et juridictionnels ont toujours été utilisés pour résoudre les crises en Guinée. Ces modes ont été et sont encore vus comme les plus appropriés dans le contexte guinéen. Mais au-delà de ces modes de résolution, d’ailleurs très répandus dans l’Afrique tout entière, il paraît nécessaire aujourd’hui d’expérimenter d’autres approches qui seraient indispensables à la paix durable et à la cohésion nationale. De ces nouvelles pistes, nous pouvons retenir la justice transitionnelle et la démocratie consociative qui portent respectivement d’une part, sur la réparation des crimes du passé ; d’autre part, sur la répartition du pouvoir et des richesses entre les différentes régions ou communautés. Ces modes alternatifs pourraient apporter des solutions adéquates aux vraies racines des problèmes constitutionnels et à cet égard, méritent d’être appréhendés à travers le prisme du contexte guinéen.

The cadre deployment policy has been implemented by the African National Congress (ANC) and its alliance partners in pursuit of its avowed intention to have loyal party hands on all the levers of p...

The European financial crisis has called many of the assumptions of the constitutional structure of the European Union (EU) into question. The market-based model of the European Monetary Union (EMU) led to an improper assessment of the borrowing capacity of the euro-area Member States and a mispricing of their default risk. Another design flaw of the EMU that has been exposed by the crisis was the weakness of the existing framework for economic policy coordination. The factual interdependence of the participating economies in the monetary union was so strong that the denial of some form of assistance to the debt-distressed countries triggered a domino effect in the Eurozone as a whole. The quest for instruments to address the sovereign debt crisis brought a European constitutional crisis to the forefront: the EU did not possess the appropriate mechanisms to help the states in need and to guarantee financial stability in the EMU.

Estudio interdisciplinario de Cultura literaria del Derecho («Derecho y Literatura») centrado en tres cuentos (La caída de la casa Usher, 1839, de E. A. Poe; Casa tomada, 1946, de J. Cortázar, y «La casa de Asterión», 1947, de J. L. Borges) donde el uso de la expresión «casa» se presenta como una metáfora edilicia desde cuya significancia constitucional el autor prueba a distinguir lo gótico, neogótico y fantástico-mítico del diseño y crisis constitucionales respectivamente del modelo monárquico de Constitución, de la Constitución Nacional de 1853 con la «Constitución peronista» de 1949, y de la Constitución de Weimar de 1919. En relación al periodo de crisis constitucional argentina derivado del llamado «Proceso de Reorganización Nacional» (Dictadura cívico-militar, 1976-1983) y en su contexto, también recupera el relato cortaziano «Segunda vez» (1976), planteando desde él no la rectificación de un modelo constructivo imperfecto o defectivo metafóricamente identificable con la «vivienda» constitucional de 1853 o la «Constitución peronista» de 1949, sino como diseño constructivo de vacío constitucional transfigurado en «casa de los horrores». El trabajo termina con una apelación a la «Cultura literaria del Derecho» como variante latina del «Law and Literature Movement» y la aspiración a provocar un sugestivo programa de lectura crítica en torno al proyecto Constitucionalismo y Literatura latinoamericana. Interdisciplinary Study of «Law and Literature» centered on three stories (The Fall of the House of Usher, 1839 by E. A. Poe, House Taken Over, 1946, by J. Cortázar, and «The House of Asterion», 1947, J. L. Borges) where the use of the expression «house» is presented as an edilicia metaphor from whose constitutional significance the author test to distinguish the gothic, neo-gothic and fantastic-mythical design and constitutional crises respectively of the monarchical model of Constitution, the National Constitution of 1853 with the «Peronist Constitution» of 1949, and the Weimar Constitution of 1919. In relation to the period of Argentine constitutional crisis derived from the so-called «Process of National Reorganization» (Civic-Military Dictatorship, 1976-1983) and in its context, also recovers the Coriazian account «Second time» (1976), proposing not the rectification or even restructuring of an imperfect or defective constructive model metaphorically identifiable with the «constitutional housing» of the Constitution of 1853 or the Peronist of 1949, but as a constructive design of the constitutional void transfigured in «the house of horrors». The work ends with an appeal to the «Literary Culture of Law» as a Latin variant of the «Law and Literature Movement» and the aspiration to provoke a suggestive program of critical reading around the project Constitutionalism and Latin American Literature.

A variant transcription of one of the Whitehall Debates has been identified among the Clarke papers. Located in volume 16 of the Worcester MSS, it records the latter part of the longest debate, on 14 December 1648, concerning the Second Agreement of the People. The fair copy of this debate by army secretary William Clarke (in volume 65 of the Worcester MSS) was previously believed to be the only surviving record. The new source provides additional text, clarifies obscure passages, and is generally easier to understand. Historians now have the advantage of another account of the meeting, which reveals its importance more fully. Although the Levellers’ Agreement was never to be implemented, the Whitehall Debates took place between Pride's Purge and the trial and execution of Charles I. The variant therefore sheds new light on the thinking of the army command and its advisers both religious and lay at this time of unprecedented constitutional crisis. It also provides the first documentary evidence that the army debates at Putney (1647) and Whitehall (1648–9) were not recorded by Clarke alone, but by a team of at least three secretaries.

This paper reviews Brazil's pursuit for international insertion by: discussing its search for new partners; presenting an overview of the historical, cultural, and political features that render it the most Western of the emerging nations; and analyzing its participation in the management of two major international crises, the Honduran constitutional crisis and the Iranian nuclear crisis. Este artigo revisa a busca do Brasil pela inserção internacional ao: discutir a procura do País por novos parceiros; expor, brevemente, características históricas, culturais e políticas que o tornam o mais ocidental das nações emergentes; e analisar sua participação no manejo de duas grandes crises internacionais, a crise constitucional hondurenha e a crise nuclear iraniana.

Economic crisis, constitutional crisis – Finnish constitutional requirements and solutions – National parliaments' European constitutional function – Finnish parliament's rights – Development of economic and monetary union – Economic and monetary union and development of it as the ‘Union matter’ in Finland – Stabilisation – European Financial Stability Facility – European Stability Mechanism – Economic governance – National, European, political, constitutional

The 2009 Honduran constitutional crisis – in which a sitting president was removed from power and the country by military force – shows that, when it comes to the promotion of democracy, constitutions need to shift to the centre of debate and diplomatic practice in the Organization of American States (OAS). The undemocratic features of member states' actual constitutions cannot simply be ignored until there is a coup d'etat. Although it is understandable that the first phase of OAS democracy promotion – undertaken as authoritarian regimes in the region waned – focused on preventing coups and the violent usurpation of democracy, the next phase ought to focus on ensuring that actual constitutions are aligned with, and supportive of, democracy.

The history of religion during the eighteenth century is, fortunately, a well-developed and researched field. Despite the strides taken, however, little has been written on denominational attempts at Christian unity. Historians have instead focused on the multitude of conflicts, both social and religious, that marked the period and preoccupied churchgoers. Although this perspective is indispensable for any understanding of the eighteenth century, it is incomplete. The current portrayal of the late colonial religious scene as one of violently opposed denominations presents the well-known instances of denominational unity, such as the bishopric crisis, the constitutional crisis, and the War for Independence, as products of political or temporal motivations. Overlooked are the religiously motivated attempts between churches to cooperate, such as the interdenominational journey begun by the Presbyterian Church during the French and Indian War. By examining the Presbyterian struggle to establish a stronger spiritual bond between Christian denominations, it sheds new light which calls into question the current understanding of church participation in the pivotal events of the eighteenth century. Harkened by a divine punishment, Presbyterian interdenominationalism reveals not only that ecclesiastical harmony was pursued in an era defined by conflict, but that these unions could also be motivated by religious rather than solely political ideology.

A. Introduction: Crises in and of Europe “We seem to be caught in an ‘impossible interregnum’: After the end of classical national sovereignty, before the beginning of a postnational sovereignty.” There is a growing sense of crisis in and of the European Union. Crises in Europe range from the immediate economic crisis of the Eurozone to political and cultural crises associated with the rise of right-wing populism and reaction to the perceived failure of state multi-culturalism. Neither economic nor cultural woes in Europe are restricted to the Eurozone or even to the European Union; they are frequently perceived as elements of broader global crises of democratic capitalism. And yet, however intimately intertwined with domestic and international crises, there is also a specific sense of crisis of the European Union, such that its very survival is perceived to be at stake— unlike its Member States or the international order of states. Because the existential crisis of the EU is not disconnected from the simmering elsewhere, it is important to keep in view both sets of crises, in and of the European Union, in assessing the Union’s current predicament and future trajectory. The existential threat to the EU is presented here in constitutional terms, with crisis heralding a reconstitution of Europe’s political form. If crisis occurs when the organizational principles of a society are forced to change because they no longer permit “the resolution of problems that are critical for its continued existence,” we can speculate on the kind of constitution that will emerge as the organizational principles of the EU appear no longer fit for purpose. What, in other words, might post-national sovereignty in Europe look like from a constitutional perspective? Why, in particular, does democracy seem to be under such sustained threat in current...

[T]he struggle for power between the Maoists and the traditional political parties has dominated much of Nepal's politics for the past seven years.

This paper analyses the way the term “constitutional identity” is understood and applied in the case-law of the Polish Constitutional Tribunal. The Tribunal first used this term in the Treaty of Lisbon decision to demarcate limits of the state power to confer competences to the European Union. In this context, the Tribunal reaffirmed that membership in the EU is a form of self-limitation and the contemporary form of expressing national sovereignty. In the following discussion, the paper presents decisions in which the constitutional identity of Poland denotes the axiological equivalence or convergence with the EU legal order, or conversely, divergence from common constitutional standards. These standards, setting out the core of the EU constitutional identity, are based on the protection of fundamental rights, rule of law, and democracy. We examine the application of constitutional identity as convergence and divergence on the examples of the right to respect the private and the family life and the right to a fair trial. Yet, we argue, it is the recent constitutional crisis surrounding the Constitutional Tribunal which shows the Polish constitutional dispensation. Failing to cooperate with the European institutions with regard to legal reforms affecting the rule of law the Polish government is not merely insisting on its constitutional identity, but trying on the “old clothes” of national sovereignty.

This special issue sets out to explore the force of justice and justification and their role for the development and understanding of the EU and transitional realm. As the EU is increasingly facing a constitutional crisis, adjacent to the financial crisis, and perhaps most urgently the EU crisis of 2015; the migration and refugee catastrophe in the Mediterranean, at various levels in the EU decentralized and centralized hybrid system, the European journey to an ‘unknown’ destination seems to have momentarily come to an end. Or at least it is in need of a navigation tool for any further expansion and exploration of the Union project. It appears as if the EU has lost its narrative. Similar developments can be observed within, for example, the WTO, which has been in stalemate until recently. It is on this background, that the concepts of justice and justification have recently become important yardsticks within scholarly debates for understanding constitutionalism in the EU and other transnational context. The concepts of justice and justification however remain essentially contested concepts just as the two concepts might not be equated. In spite of this or maybe exactly because of this they however serve as useful starting points for raising some intriguing questions regarding the role of legitimacy in transnational contexts.

In this paper, I claim that in the context of the constitutional crisis that began in 2015, all main arguments made by the government and supporters of the ruling party in Poland, i.e. Law and Justice (PiS), are bad. First, I propose to go to obvious facts. Secondly, I will separately work on each argument that I think is bad. However, this is interesting that these arguments made by politicians or academic scholars, such as lawyers, sociologists, and philosophers, are in fact fake arguments. They are irrelevant and false. My approach is methodologically holistic (I analysed legal acts, judicial verdicts, political statements, interviews, etc., and I talked to ordinary people). Of my background, I have to make it clear: I am a Polish citizen living abroad and a scholar. I was born and grew up as well as was educated in Poland. Taking a legal-philosophical approach, in this essay I try to explain these diverse constitutional Polish issues in simple words.

Since the end of last year, we observe and are victims of a number of disturbing trends, detrimental to the work of human rights defenders (HRDs) and non-governmental organizations (NGOs) in Poland. The governing majority concentrated its effort to block the work of the Constitutional Tribunal, by failing to appoint the judges elected by the previous parliament and by adopting laws aimed at paralysing the Constitutional Court. The constitutional crisis poses a serious threat to safeguarding the rule of law and the separation of powers. The disturbing trends, relevant to the situation of HRDs and NGOs consist of legislative measures, including changes to the law on police, the introduction of the antiterrorist law and proposed amendments to the law on National Remembrance Institute. These changes hinder the ability of human rights defenders and non-governmental organizations to fulfil their watchdog function. Moreover there are plans to establish a National Centre for the Development of Civil Society that would centralize the cooperation with NGOs and the distribution of state-funding. This would make NGOs who carry out public tasks completely dependent upon the government. The introduction of different legislative measures has been accompanied by an ongoing smear campaign in public media against several human rights defenders and NGOs, as well as against the Office of the Commissioner for Human Rights. The aim of the attacks is to undermine the trust in the work of non-governmental organizations and to intimidate human rights defenders. Moreover there were several instances of the involvement of the prosecution in court proceedings against LGBT organizations. These interventions suggest condoning homophobic statements and discriminatory practices. Another worrying element is the discontinuation of a number of preliminary proceedings concerning physical attacks on LGBT activists and their premises. Finally, NGOs have identified cases when public funding was granted or denied on political grounds. The described trends result in an increasingly restricted space for public debate in general, and for the work of independent civil society in Poland. In light of those challenges, the authors of this report would like to urge the Rapporteur to address the situation in Poland publicly.

Arabic Abstract: تهدف الدراسة إلى دراسة وتحليل النظام السياسي للسلطة الفلسطينية في ضوء القانون الأساسي المعدل لعام 2003، مبينا أن هذا النظام السياسي يتضمن بذور فنائه، وموضحا لماذا لم يساعد القانون الأساسي في إدارة الصراع على السلطة بين الفصائل المتنافسة. بل على العكس، يدعي الباحث أن القانون الأساسي ساهم في وصول النظام السياسي إلى طريق مسدود. ثم ستقترح الدراسة إطارا تحليليا مختلفا يمكن استخدامه لاستخلاص قراءة بديلة للنظام السياسي الفلسطيني، ويؤدي إلى حد ما إلى تطوير رؤى جديدة للنظام السياسي للدولة الفلسطينية المستقبلية. تستند استنتاجات الباحث بشأن القانون الأساسي باعتباره دستورا مكتوبا على أوجه التشابه بين القانون الأساسي ودساتير أخرى في العالم صيغت بطريقة لا تفيد في هندسة نظام سياسي متماسك. عوضا عن رفض القانون الأساسي الفلسطيني، تشير الدراسة إلى أن ما ينبغي أن يوضع جانبا هو بعض الافتراضات الخاطئة والمتعلقة بالقانون الأساسي، وبمكانته ودوره، وأهميته بالنسبة للنظام القانوني الفلسطيني، وطريقة تفسير وتطبيق بنوده وأحكامه. تنطلق الدراسة من افتراض بأن هناك أهمية لدراسة الأزمة التي تعتصر النظام السياسي للسلطة الفلسطينية وبأن تلك الأزمة السياسية مهمة من ناحية القانون الدستوري والنظرية الدستورية؛ وبأن الفاعلين السياسيين الرئيسيين في النزاع القائم يهتمون بما يرد في نص القانون الأساسي. في هذه الدراسة، سوف يتم تبني النهج الوضعي لمفهوم الدستور والنظام السياسي فقط للتأكيد لاحقا على النقص الذي تحتويه تلك القراءة التي تؤدي الى تفسير الدساتير المكتوبة بطريقة شكلية بحتة – أي عندما تؤدي الى "الشكلية القانونية" في تفسير الدساتير. عوضا عن ذلك، تقترح الدراسة استخدام نماذج مختلفة تساهم في فهم دور الدساتير المكتوبة بشكل أفضل في حالات الصراع بين الفاعلين السياسيين الرئيسيين. تلك النزاعات التي تتخذ طابعا يتجاوز القضايا الدستورية العادية التي يتم حلها بالطرق الدستورية المألوفة بل تلك النزاعات التي تهدد البنية السياسية ذاتها، والتي تهدد بقاء النظام السياسي في المقام الأول. English Abstract: This paper examines the Palestinian Authority’s political system in the light of the Basic Law of 2003. It shows that this political system contains the seeds of its own destruction and explains why the Basic Law does not help in managing the power struggle between competing factions but, instead, contributes to reaching a deadlock. A different analytical framework is suggested, that can be used to derive an alternative reading of the Palestinian Authority’s political system and, to some extent, lead to new insights into the political system of the (future) Palestinian state. The conclusions concerning the Basic Law as a written constitution are based on the similarities between the Basic Law and other world constitutions drafted in a way unhelpful to engineering a coherent political system. Rather than rejecting the Basic Law, this article argues that what should be set aside are certain common assumptions with regards to the Basic Law, its place, its role, and importance in the Palestinian legal system on the one hand, and the way its provisions should be applied and interpreted. In other words, this article does not question whether: (1) the Palestinian Authority political system matters; (2) the crisis in the Palestinian Authority political system is a matter of constitutional law and theory; or whether (3) the Basic Law still matters to political actors. On the contrary, while assuming this is the case. In this article, a positivist approach to constitutions is adopted, only to suggest in later stage its deficiency whenever it leads to formalism in interpreting written constitutions. Instead, this article suggests using different paradigms that contribute to a better understanding of the role of written constitutions whenever conflicts between political actors are threatening the same political structure that made it possible for a political system to exist in the first place.

Z racji swojej newralgicznej pozycji ustrojowej oraz nieuchronnych powiązań z polityką państwa, sądownictwo konstytucyjne stało się bardzo wrażliwym elementem ładu konstytucyjnego w zachodniej kulturze prawnej. Jednocześnie specyficzna funkcja najwyższego "sądu nad prawem" pozostaje źródłem licznych kontrowersji co do właściwej roli sądów konstytucyjnych we współczesnym państwie prawa. Na tym tle zaprezentowana została ewolucja ustrojowa sądownictwa konstytucyjnego w Polsce i na Węgrzech - w dwóch krajach Europy Środkowo-Wschodniej o podobnej historii najnowszej i wyjściowej sytuacji politycznej. Wiele podobieństw wykazuje przebieg obecnego kryzysu konstytucyjnego w Polsce w zestawieniu z działaniami partii Fidesz po zdobyciu przez nią w 2010 roku większości mandatów w węgierskim Zgromadzeniu Krajowym, podobnie są też formułowane zarzuty wobec idei sądownictwa konstytucyjnego. Analiza poszczególnych instytucji w kontekście przemian politycznych w obu krajach pozwala określić dalsze tendencje w kształtowaniu pozycji ustrojowej polskiego Trybunału Konstytucyjnego i Sądu Konstytucyjnego Węgier. Because of its crucial position in the state structures and inevitable connections with domestic policy, constitutional judiciary has become a sensitive part of constitutional systems in western legal culture. At the same time, the specific function of "final arbiter of the law" is the source of many controversies about an apropriate role of constitutional courts in a modern state of law. The evolution of constitutional judiciary in Poland and Hungary, two countries with similar recent history and initial political situation, has been presented against this background. The course of recent constitutional crisis in Poland appears to be similar to the actions of "Fidesz" party taken after collecting majority in The Hungarian National Assembly in 2010, analogous are allegations concerning the idea of constitutional judiciary as well. The analysis of legal institutions in the context of recent political changes in both countries allows us to specify further tendencies in shaping the constitutional position of The Constitutional Tribunal in Poland and The Constitutional Court of Hungary.

This essay is the first to analyze the possibility of ongoing litigation around bail reform to resurface 14th amendment jurisprudence regarding the status of the poor. Fifty years after Professor Caleb Foote predicted the coming constitutional crisis arising from the injustices generated by our financially based system of pretrial release—money bail—the underlying constitutional issues may soon finally reach the highest court in the land. As recent scholarship demonstrates, however, current Supreme Court jurisprudence may not look favorably at those petitioners who wish to expand Fourteenth Amendment protections to the indigent. Worse yet, precisely as these issues are resurfacing, the court is likely on the heels of a significant movement toward the right—producing a court ideologically inclined to be deaf to increasingly audible concerns in support of the poor. In this essay, first, I contextualize the current bail system, drawing on criminal justice and social science research, to reveal a dim picture of the inequities it produces. I then overview the growing movement for bail reform, focusing on the recent package of lawsuits brought by Equal Justice Under Law in states across the country. Then I assess the constitutional analysis marshaled by these lawsuits, supplementing their claims with my own additional synthesis of evolving jurisprudence, and evaluating their likelihood of success. I argue that given existing jurisprudence, petitioners will have to seek heightened judicial scrutiny in order to push the Court to render the bail system unconstitutional. To attain the Court’s heightened scrutiny, petitioners will have to compel the Court to address wealth as the grounds for suspect class determination. Finally, I extend my analysis to the potential positions that a new and more conservative court under President Trump may take regarding the Fourteenth Amendment jurisprudence analyzed in the prior section.

This paper aims to provide a legal-political-philosophical analysis on the recent constitutional crisis in Poland by studying the Schmittian-discourse that appeared in the academic and intellectual debate. The article focuses on the leader of the ruling party Law and Justice (PiS) and the real leader of the Polish state after 2015, Jaroslaw Kaczynski's political and legal philosophy. There are two main parts to be explained in the paper: a) Schmittian questions in the rule of law debate in Poland, and b) considerations on Kaczynski's political and legal philosophy. This research shows a wide spectrum of sources: relevant legal and political literature, biographies, legal acts, judicial verdicts, articles and information in the media, interviews, legal opinions and journalistic writing, legal recommendations, etc. Also, fieldwork was done in Poland in December 2015 and June-July 2017. The methodological approach is eclectic: starting from a philosophy of law perspective, it is to go to a political analysis.

Specialised constitutional courts have become a commonplace within the European political landscape. Yet, recent developments for example in Hungary and Poland make one conscious that the acceptance of their raison d'etre is not to be taken for granted. Designed as independent ‘guardians of the constitution’, discussions often circle around their institutional setting in the governmental scheme. Yet, the constitutionalism they are conceptually founded on also requires them to be independent in the sense of substantial impartiality. Independence so understood, however, proves to be unattainable since constitutional courts have to be politically responsive in order to build and maintain their authority. This dilemma can question the courts’ legitimating rationale hence it is equally founded on them being politically independent and authoritative vis-a-vis other political actors. While this dilemma cannot be resolved from a normative perspective, it may be mitigated through institutional design. This thought will be developed with reference to the German Bundesverfassungsgericht, the Spanish Tribunal Constitucional, and the Polish Trybunal Konstytucyjny, the latter of which is currently at the centre of an ongoing constitutional crisis.

Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority

This article focuses on the Palestinian political system, its current crisis, its roots, and its future. The current crisis reached a climax in 2007 with the armed clash between Palestinian factions. The historical roots of the conflict, however, go much deeper. They are inherently connected to the legacy passed on to the Palestinian Authority. The current crisis of the Palestinian Authority has been a frequent subject of constitutional debates. While the key role of the Basic Law remains indisputable, this written, constitution-like text seems to be a part of the problem, rather than of the solution. In this article I will adopt a positivist approach to constitutions only to suggest its deficiency whenever it leads to formalism in interpreting written constitutions. Instead, I suggest using different paradigms that contribute to a better understanding of the role of written constitutions whenever conflicts between political actors are threatening the same political structure that made it possible for a political system to exist in the first place.

Nearly two decades after the end of its brutal war, Bosnia and Herzegovina (Bosnia, for short) remains paralyzed by political corruption and ethnic mistrust. The country staggers from one constitutional crisis to another, the economy vegetates, many young people leave, and the rest of the world tunes out. Bosnia's political dysfunction results in large measure from the Constitution imposed by the peace agreement signed at Dayton, Ohio, in 1995. With its superfluity of local, regional, and national institutions, the Constitution perpetuates the ethnic divisions that, with other factors, were used to justify the war.

The article examines the career of Irving Brant as editorial page director and writer for the St. Louis Star and its successor in 1932, the Star-Times. Brant's career as a journalist occupied most of the first half of the twentieth century, during which time he sought to revive interest in the newspaper editorial page, from what he and others perceived as the public's growing preference for news and features. Brant found encouragement during the 1930s as Americans, in the wake of the Great Depression, turned to their newspaper for interpretation as well as news. His greatest influence occurred during the constitutional crisis of 1936–37, when he challenged the United States Supreme Court's decisions overturning major parts of the New Deal economic recovery program. In doing so, Brant harnessed the Star-Times’ editorial page in support of a new and robust liberal ideology of national authority.

This chapter challenges Ginsburg & Huq’s schema of constitutional success as presented in the book, Assessing Constitutional Performance. It argues that the unique constitutional dynamic in the United Kingdom - a co-existence of constitutional success and constitutional crisis - highlights a key variable omitted in their calculations: the effective management of constitutional change, or the balance between stability and flexibility in constitutional arrangements. The British experience suggests a contextualized assessment of that balance is a necessary element for establishing constitutional success from a functional perspective.

The present crisis in the euro area is both an economic and a constitutional crisis. In turn, the constitutional implications are not only confined to the economic dimension but reach out to the political and social constitutions as well. The relational concept of a constitution has important consequences for an examination of the Eurozone crisis. The Eurozone crisis exemplifies the particular process-nature of the European constitution: the EU constitutional legislator or constitutional court has played but a peripheral role in the constitutional mutation the crisis has occasioned. This chapter explains the implications that developments in the field of the economic constitution have had for the political dimension. The European process of constitutionalisation does include such manifest, high-profile constitutional speech acts as the Founding Treaties and their amendments. The constitutional crisis is not manifest only in, say, debatable readings of single Treaty provisions but also the teetering of the central Maastricht principles of the macroeconomic constitution.

This paper addresses the processes by which the international community intervened and participated in the defining of Bosnian identity and the corresponding constitutional framework, as well as the continuous paradoxical tension between the ethnic local and claims to universalism of supranational legal norms. In particular, the 1995 Constitution and the architecture of its sovereignty have been contested through provisions of the European Convention of Human Rights. The analysis is further supported by the discussion of the architectonic structure of the Town Hall/National Library in Sarajevo that has had an important constitutional role since the collapse of the Ottoman period. The paper thus focuses on two sites for construction/deconstruction of Bosnian sovereignty: the constitutional framework and the more concretely visible architectural symbol of the Town Hall/National Library. This importance of a visual and spatial approach to Bosnian realities is carried further by the 1993 ‘Eulogy’ that Jean-Luc Nancy wrote for Sarajevo, as a site of the Melee.