20 June 2022
How the Philippines Could Overcome Its Deep Mistrust of Constitutional Reform
The Philippines has had three constitutions. Despite numerous attempts, the 1987 Constitution has not been amended since its ratification. Initiatives to change a constitution, and moves of resistance, are part and parcel of a constitutional democracy. Actually, the Philippines finds itself in a fortunate position, because the failure of past attempts at amending the 1987 Constitution can offer valuable lessons. Continue reading >>
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17 January 2022
Paper Constitutionalism
On January 16, Serbian citizens voted in a referendum on constitutional changes concerning the guarantees of the judicial independence and organization of the judicial sector. According to preliminary results, 57, 4% of citizens voted for the reforms, while 41,6% voted against, with a turnout of not more than 30% of all registered voters. I would argue that constitutional amendments concerning the judiciary should have been postponed for two reasons. Continue reading >>
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11 June 2021
Kenya and the BBI Five
On May 13 this year, a five-judge bench of the Kenya High Court struck down a state effort to amend Kenya’s 2010 Constitution. The ruling was a shocker when it came down. Will the Court of Appeal rescue or sink President Kenyatta? Continue reading >>10 June 2021
Constitutional Triumph or Constitutional Aberration?
The Kenyan Hight Court's incorporation of the basic structure doctrine into the Kenyan constitutional framework has been generally received as a cause for celebration among constitutional scholars. This article, however, calls for some restraint in the growing scholarly celebration of efforts to expand the basic structure doctrine. Continue reading >>
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22 May 2021
The BBI Judgment and the Invention of Kenya
On 13 May 2021, the Constitutional and Human Rights Division of the High Court of Kenya delivered its judgment in David Ndii and Others vs The Attorney General and Others, widely referred to as the BBI judgment. The shape and future of the constitution is not all that is contested. So too is Kenya’s history. Continue reading >>19 May 2021
The Basic Structure Doctrine arrives in Kenya
On 13 May 2021, a panel of five High Court justices ruled that the so-called Basic Structure Doctrine applies in Kenya. The judgment is not only a milestone from the perspective of comparative constitutional law; it might also change the future landscape of constitutionalism in Africa. Continue reading >>16 April 2021
Women’s Rights in the New Kyrgyz Constitution
On April 11, 2021, Kyrgyzstan held a referendum on the adoption of 81 amendments to its Constitution, which almost amounts to an entirely new Constitution. Setting aside all the numerous procedural violations of the constitutional law, in conjunction, the separate provisions of the new Constitution risk becoming a regressive tool that could suppress the position of women in Kyrgyzstan. Continue reading >>
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19 February 2021
A Turkish Fairy Tale About a ‘New, Civilian Constitution’
President Recep Tayyip ErdoÄźan is once again calling for a 'new, civilian constitution', although the previous round of far-reaching constitutional amendments have only been in force for 2.5 years. Due to declining approval rates, the AKP is turning to well-proven populist strategies, initiating debates on the constitution while referring positively to the inclusive constitution of 1921. Despite this rhetoric, the ruling AKP is not interested in a new constitution at all, but rather in specific modifications that will secure their own power. Continue reading >>
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03 December 2020
On Collision Course with the Material Core of the Slovak Constitution
Last week on Tuesday, the Constitutional Committee of the Slovak Parliament discussed the most extraordinary subject in a meeting attended by a most extraordinary guest. The Committee was reviewing a draft constitutional amendment on judicial reform that would, among other things, take away the power of the Constitutional Court to review constitutional amendments. At the meeting, the Minister of Justice and MPs discussed potential benefits and drawbacks of stripping the Court of the jurisdiction to review constitutional amendments, with the President of the Court seated next to them. The proposal represents the last escalation in the conflict about who has the final word on the contents of the Constitution. Continue reading >>18 November 2020