The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...
Constitutional Backsliding: Colombia
Recent scholarship has highlighted the theoretical possibility and examples of the tools of constitutional change being used “abusively,“ in order to erode the democratic order. This chapter will explore the experience of constitutional backsliding in Colombia, and the response to those efforts by the Colombian Constitutional Court and other political actors. The chapter will explain...
Constitutional Transformation: Hungary
This chapter uses recent developments in Hungary to examine how the equivalent of political revolution can occur through changes that are, taken individually, in compliance in the constitution but collectively amount to wholesale transformation of the constitutional order. It confronts the question of what limits, if any, exist on constitutional revolutions of this type.
Institutions Supporting Constitutional Democracy: South Africa
Scholars are increasingly taking note of a species of government institutions that fall outside the traditional separation of powers and have come to be known as the “fifth branch“: these institutions are created by constitutional design to engage in independent oversight and investigation of the other branches. Using South Africa as a case study of...