Over the past three decades, constitution-making has emerged as a key tool in peace-building processes. Scholarly debates highlight several preferences on the tension/articulation between peace-making and constitution. However, little attention has been paid to a sub-category of constitution-making in the context of violent conflicts: constitution-drafting at times of war. This paper attempts a tentative analysis...
Constitutional Amendment Versus Constitutional Change: An Empirical Comparison
The burgeoning empirical literature on constitutional drafting draws a distinction between constitutional amendment and constitutional replacement and, on the assumption that replacement is of greater magnitude and importance than amendment, treats the two as distinct phenomena. However, as an empirical matter, it is unclear whether this distinction is warranted, or whether replacements are in fact...
Constitutional Democracy in Israel
This paper explores the state of constitutional democracy in Israel
Constitutional Duties
The idea that citizens possess duties, in addition to rights, appears to be growing in popularity. As we are witnessing a growing backlash against the liberal constitutional model that heavily emphasizes individual rights, religious and conservative voices are calling for an emphasis on individual duties and responsibilities. This Article shows that duties for individuals have...
Constitutional identity and “procedural sameness“
The “procedural sameness“ of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South,...
Constitutional identity in discussion without changing Constitution? Territorial model in Spain
In Spain, formal processes to reform the 1978 Constitution has been scarcely used, and only to implement European treaties (1992) and to attain economic objectives of the European Union (2011). In such context, invariability and immutability of the constitutional text seems to become a defining characteristic of that constitutional identity. Based on the incrementalism model-approach,...
Constitutional Identity: Constitutional Amendments or Judicial Interpretation
Constitutional identity denotes in its internal aspect how the constitution expresses its identity based on historical, political and legal developments that took place in the past. In its external aspect, constitutional identity concerns the way in which the constitution aspires to consolidate its supremacy over international and supranational (EU) law. These facets of constitutional identity...
Constitutional Inertia and Regime Pluralism in Asia
This paper discusses the fate of constitutional democracy and constitutional authoritarianism in several East Asian regimes.
Constitutional Law and Economics
This chapter addresses a new and fertile research program: constitutional law and economics. Constitutional law and economics asks questions like, ‘What is the extent of the U.S. Congress‘s power to regulate commerce?‘; ‘How much legislative authority can be delegated to administrators?‘; and ‘When should constitutional change happen through judicial updating rather than formal amendment?‘ To...
Constitutional Obligations of Corporations in Europe
Developments in business and human rights in the past decade reveal a division between voluntary and binding approaches to the questions of whether corporations have human rights obligations and whether they should be held accountable for their human rights impacts. Even though the proponents of both sides attempt to demonstrate that these approaches are not...