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  • Turkey’s draft constitutional amendments: harking back to 1876?

    … In the last month of 2016, Turkey’s ruling Justice and Development Party (AKP) and the fourth biggest party, the National Movement Party (MHP) unveiled a controversial new draft constitution which aims at a total system change. Initially, the most striking changes include the strengthening of the presidency with several new powers…

    Verfassungsblog- 62 Leser -
  • Toward Hominid and Other Humanoid Rights: Are We Witnessing a Legal Revolution?

    … On 3 November 2016, an Argentinian judge granted habeas corpus relief to Cecilia, a person held captive in a small cage. Nothing out of the ordinary – except for the fact that Cecilia is not a battered woman or abused girl, but a chimpanzee kept at Mendoza zoo. This 1 % genetic difference turns this into a landmark judgment of potentially…

    Verfassungsblog- 58 Leser -


  • Cleaning up after 2016

    … Dear Friends of Verfassungsblog, the end of this year of 2016 draws close, and relief about that fact, ill-founded as it may be, is palpable wherever I go. It has been a rough ride for constitutionalists, and we all deserve some days of rest and peace, if we can afford it. Therefore, I will spare you with seasonal reviews and reflections on these…

    Maximilian Steinbeis/ Verfassungsblog- 55 Leser -
  • From Greenland to Svalbard: Scotland’s quest for a differentiated Brexit

    …. The UK might become almost a confederation but it will still be one recognised State under international law. On the other hand, Scotland could avoid the tensions that a second independence referendum might create. In any case, both the current UK and European legal frameworks seem somehow unable to accommodate the very different aspirations of the UK…

    Verfassungsblog- 59 Leser -
  • A Game of Values: Particular National Identities Awaken in Europe

    … “Winter is coming” (George R. R. Martin, A Game of Thrones) This article focuses on the relation between constitution and society, namely how the popular perception of identity and values can impact on constitutional democracy and its institutions, and how the reformulation of national identities can endanger the European project…

    Verfassungsblog- 36 Leser -
  • Constitutional Capture in Poland 2016 and Beyond: What is Next?

    … 2016 will go down in history as fundamental in the institutional history of Polish Constitutionalism. It began with an unprecedented attack on the Constitutional Tribunal, rule of law, checks and balances and judicial independence. It ends with full-blown constitutional crisis. The dramatic events in the Sejm and on the streets only corroborate…

    Verfassungsblog- 31 Leser -
  • Collective Expulsion and the Khlaifia Case: Two Steps Forward, One Step Back

    … When the Grand Chamber of the European Court of Human Rights (ECtHR) delivered its judgment in the case of Khlaifia and Others v. Italy yesterday, many may have felt considerable disappointment. I for one did. What had started as a next step in the development of the case-law on the prohibition of collective expulsion (Art. 4 Prot. 4 ECHR…

    Verfassungsblog- 43 Leser -
  • Brexit and the Single Market: You say Article 50, we say Article 127?

    … Hard on the heels of the Article 50 case heard last week by the UK Supreme Court, comes the announcement of another challenge to the UK Government’s Brexit plans, this time based on Article 127 of the EEA agreement. Much like Article 50 TEU, that provision allows contracting parties to the EEA agreement to withdraw from it. As an EU Member State…

    Tobias Lock/ Verfassungsblog- 78 Leser -
  • Freedom of Assembly in Poland: Next in Line?

    … Dear Friends of Verfassungsblog, Public protest seems to be the best hope civil society now has in Poland against its increasingly authoritarian government. The efficacy of the "black protests" by hundreds of thousands of black-clad women and men who took to the streets in all major cities in October to rally against a radical piece of anti…

    Maximilian Steinbeis/ Verfassungsblog- 79 Leser -


  • After the Italian Referendum

    … So much was at stake for Italy, its political class and its economy, and for the European Union (EU) and its member states in the country’s failed referendum on constitutional reform. In the EU, Germany is a particularly sensitive case. The relations between Germany and Italy are a focal point in Europe. They used to be in an asymmetric, albeit…

    Christian Joerges/ Verfassungsblog- 56 Leser -
  • Shared powers: the elephant in the room in the division of powers-debate

    … The saga surrounding the signing of the Comprehensive Economic and Trade Agreement (CETA) has again brought the issue of the division of foreign affairs powers between the EU and its Member States to the centre of attention of many an EU lawyer. How far do the EU’s exclusive powers to conduct a ‘common commercial policy’ reach? Do implied powers…

    Verfassungsblog- 36 Leser -
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