scholarly journals Annual Review of Constitution-Building: 2019

2020 ◽  
Author(s):  
Adem Abebe ◽  
Sumit Bisarya ◽  
Elliot Bulmer ◽  
Erin Houlihan ◽  
Thibaut Noel

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The Gambia and Mongolia; constitutional change and subnational governance arrangements in Tobago and the Autonomous Region of Bangsamoro; the complexities of federal systems and negotiations on federal state structures in Myanmar and South Sudan; and the drawing (and redrawing) of the federal map in South Sudan and India. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.

2021 ◽  
Author(s):  
Adem Abebe ◽  
Anna Dziedzic ◽  
Asanga Welikala ◽  
Erin C. Houlihan ◽  
Joelle Grogan ◽  
...  

International IDEA’s Annual Review of Constitution-Building Processes: 2020 provides a retrospective account of constitutional reform processes around the world and from a comparative perspective, and their implications for national and international politics. This eighth edition covers events in 2020 and includes chapters on the impact of the Covid-19 pandemic and emergency legal frameworks on constitutionalism and constitution-building worldwide; the impact of the pandemic on attempted executive aggrandizement in Central African Republic, Hungary and Sri Lanka; the impact of the pandemic on peace- and constitution-building processes in Libya, Syria and Yemen; gender equality in constitution-building and peace processes, with a particular focus on Chile and Zimbabwe; constitutional amendments to enhance the recognition of customary law in Samoa and Tonga; and the establishment, functioning and outputs of the French Citizens’ Convention for Climate. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.


2014 ◽  
Vol 13 (4) ◽  
pp. 429-451 ◽  
Author(s):  
Charles Manga Fombad

Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to provide an over-view of the changes that have been taking place. Some of the issues relating to the durability of national constitutions and theoretical foundations for constitutional change are discussed. The paper also considers some of the possible implications of the endless processes of making, unmaking and remaking constitutions. The critical question it tries to grapple with is how this unending process of constitution-building in Africa can be controlled in a manner that will ensure peace, political stability and provide a legitimate foundation for entrenching a firm culture of constitutionalism. In advocating for an entrenched permanent constitutional review commission to check against frequent and arbitrary constitutional changes, the paper argues that this is the best way for constitutional legitimacy to be sustained throughout the life of a constitution.


Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo

This chapter analyses the constitutional reform processes that have taken place in the MENA countries since the social uprisings in 2011. The purpose of this study is to examine and compare the constitutional reform processes in order to offer key insights into these processes and to propose a typology of the dynamics of constitutional reform, and its scope in the MENA region. The aspects for analysis include procedures, consensus and dissent during the course of the constitutional process, and the content of the constitutional reforms. The emphasis is placed on the most important elements of the processes of constitutional change and of the content of the new constitutions, while paying particular attention to aspects related with the power of heads of state, the most frequently-debated reforms and the advancement of gender equality and women’s rights. The authors conclude that constitutional processes are relevant, but not determinant for democratic change, with the exception of Tunisia. The scope of the constitutional amendments has been limited and has perpetuated the dominance of the authoritarian rulers. Many of the constitutional reforms after the Arab Spring have been the product of strategies for survival by the respective regimes and were promoted ‘top-down’ through a process that, in many countries, excluded the revolutionary movements and opposition groups that were not loyal to the regime.


2018 ◽  
Author(s):  
Adem K. Abebe ◽  
Sumit Bisarya ◽  
W. Elliot Bulmer ◽  
Amanda Cats-Baril ◽  
Erin Houlihan ◽  
...  

ICL Journal ◽  
2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Paul Blokker

AbstractThe article discusses civic engagement in Romanian constitutionalism. First, I briefly discuss theoretical dimensions of the relation between citizens and constitutional change. Second, the Romanian Constitution will be analyzed in terms of formal constitutional instruments of civic participation. Third, civic engagement in constitution-making and constitutional reform since 1991 will be studied. I will conclude that in the early years of Romanian democratic constitutionalism, citizens’ formal possibilities and actual capacities for engagement in constitutional politics have been severely limited. Civic participation has, however, become more promising and prominent in the 2003 and 2013 reform processes. The Romanian dual experience with the


2020 ◽  
Author(s):  
Adem Abebe ◽  
Amanda Cats-Baril ◽  
Roberto Gargarella ◽  
Erin C. Houlihan ◽  
Elliot Bulmer ◽  
...  

2018 ◽  
Author(s):  
Adem Kassie Abebe ◽  
Sumit Bisarya ◽  
Markus Böckenförde ◽  
W. Elliot Bulmer ◽  
Tom Gerald Daly ◽  
...  

Author(s):  
François Perl

Background: Belgium has more than 300.000 disabled people excluding work injuries or professional diseases. Until 2009, there was no return to work or disability management programs in the Belgian disability benefits public insurance.Objectives: Facing a huge increase of disability pension claims since 2007, the Belgian Government charged the NIHDI (public social security agency) to implement a national “return to work” program. This program aims to offer options and stimulate part time job recovery or vocational training initiatives.Methods: Since Belgium is a Federal State, the need for cooperation between NIHDI and the regional public employment services (PES) was essential. NIHDI implemented various contracts with the PES and with the Mutual Benefits Societies (semi private bodies in charge of the claim processing and the medical assessment). These contracts include objectives, financing and evaluation criteria. The NIHDI uses the expertise of international experts in return to work strategies and disability management.Findings: The interaction between PES and physicians from NIHDI and Mutual Benefits Societies is essential. There is a strong need for medical, disability management and social guidelines in order to prevent any risk of differential results. The traditional claim processing is outdated. It is essential to integrate from the beginning of the claim processing, strong objectives for helping the social insured to return to work as soon as possible.


Author(s):  
Terry Gordon ◽  
Emma Karey ◽  
Meghan E. Rebuli ◽  
Yael Escobar ◽  
Ilona Jaspers ◽  
...  

Since the spread of tobacco from the Americas hundreds of years ago, tobacco cigarettes and, more recently, alternative tobacco products have become global products of nicotine addiction. Within the evolving alternative tobacco product space, electronic cigarette (e-cigarette) vaping has surpassed conventional cigarette smoking among adolescents and young adults in the United States and beyond. This review describes the experimental and clinical evidence of e-cigarette toxicity and deleterious health effects. Adverse health effects related to e-cigarette aerosols are influenced by several factors, including e-liquid components, physical device factors, chemical changes related to heating, and health of the e-cigarette user (e.g., asthmatic). Federal, state, and local regulations have attempted to govern e-cigarette flavors, manufacturing, distribution, and availability, particularly to underaged youths. However, the evolving e-cigarette landscape continues to impede timely toxicological studies and hinder progress made toward our understanding of the long-term health consequence of e-cigarettes. Expected final online publication date for the Annual Review of Pharmacology and Toxicology, Volume 62 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


Author(s):  
Nick Fischer

This chapter examines how wartime and Red Scare repression expanded into a general cultural war on “Bolshevik” causes, individuals, and organizations targeted by the Anticommunist Spider Web during the 1920s. It considers a combination of federal, state, and local ordinances that effected political repression, suppressed free speech and economic liberty, and promoted Americanization in formal education settings led by the Ku Klux Klan and the American Legion. The chapter demonstrates how this climate of repression also led to the collapse of progressivism and impeded social welfare initiatives, gave rise to an amendment designed to make constitutional change virtually impossible, and resulted in the demise of the Roosevelt administration's Federal Theatre Project (FTP). It shows that the Spider Web members and their supporters created a repressive infrastructure of blacklists, witch hunts, loyalty oaths, and compulsory patriotism. In the process, the Spider Web strengthened its influence not only on the doctrine of anticommunism but also on the nation's political culture.


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