By Pablo Argote Another Chilean Constitutional Process Begins On Monday, March 6th, a group of experts named by the political parties met in "Salon de los Presidentes", a solemn room located in the facilities of the Chilean Congress in Santiago. The purpose of this meeting was nothing less than to initiate the third attempt to... Continue Reading →
Jennifer Piscopo is an associate professor of politics at Occidental College. Recently, she coauthored a paper with Peter Siavelis in the Journal of Democracy called “Chile’s Constitutional Chaos.” Become a Patron! Make a one-time Donation to Democracy Paradox. I think voters right now, remember the circus of the convention over the substance of what... Continue Reading →
By Kevin Frazier A State Constitutional Convention In less than two years, Rhode Island residents will have an opportunity to serve as the democratic innovators so desperately needed in these gridlocked times. Every ten years, a question is placed on Rhode Island ballots: “Shall there be a convention to amend or revise the Constitution?” The... Continue Reading →
By Peter L. Biro What is The Notwithstanding Clause In 1982, Canada amended its Constitution, patriating it from the UK Parliament and entrenching basic civil liberties in a Canadian Charter of Rights and Freedoms (the Charter). Section 33 of the Charter - the “notwithstanding clause” (NWC) - allows Parliament or a provincial legislature to pass an... Continue Reading →
by Justin Kempf A review of Anti-Constitutional Populism edited by Martin Krygier, Adam Czarnota, and Wojciech Sadurski and Constitutionalism and a Right to Effective Government? edited by Vicki C. Jackson and Yasmin Dawood. The Purpose of a Constitution Among the most useful resources for those concerned about democracy is found at Constitute. It brings together 202... Continue Reading →
Hassen Ebrahim was Executive Director of the Constitutional Assembly of South Africa, and is an advisor on constitution building. He participated in the construction of South Africa's constitution. He is the author of the chapter "Decisions, Deadlocks and Deadlines in Making South Africa’s Constitution" in the forthcoming book Constitution Makers on Constitution Making. Become... Continue Reading →
Become a Patron! Order Dan Slater and Joseph Wong's From Development to Democracy: The Transformations of Modern Asia. Make a one-time Donation to Democracy Paradox. Chile and its Constitution On Sunday, Chile rejected a proposed constitution after three years of protests, negotiating, and hard work from those involved. Nonetheless, it lost in an overwhelming vote... Continue Reading →
Become a Patron! Preorder Laura Gamboa's Resisting Backsliding: Opposition Strategies against the Erosion of Democracy here. When the Law Legitimizes Democratic Backsliding Typically we think democratic breakdowns involve coups or civil wars. However, democratic erosion "happens over time. It takes years for an executive with hegemonic aspirations to succeed in eroding democracy." Moreover, democratic backsliding frequently happens... Continue Reading →
Become a Patron! Meaning and Purpose in the Constitution Last week the American Supreme Court made two rulings on individual rights. In one case the court reversed its position on constitutional rights for women. Meanwhile, in another case they affirmed new rights to carry firearms in public. The constitution does not mention either of these... Continue Reading →
Joseph Fishkin is a Professor of Law at UCLA School of Law. He is the coauthor (along with William E. Forbath) of The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy. Become a Patron! For many Americans, for the first many generations really up through the mid 20th century, the constitutional order seemed... Continue Reading →
