Many Comparative Constitutional Law enthusiasts may be late to the party. For decades, scholars in many other disciplines (history, political science, literature, etc.) have been debating the implications of colonialism and empire in their chosen field of inquiry. As with other aspects…
Read MoreIndependence processes in the various states in Abya Yala (the Americas) require a critical analysis of the traditional narratives that were elaborated across the entire continent to conceal the ancient history of indigenous peoples prior to 1492. Historical constructions and…
Read MoreIn the bicentennial of Peru, 25% of the population considers itself to be of Indigenous origin and the state officially records 4 Andean and 51 Amazonian Indigenous Peoples. The Political Constitution of Peru (Articles 89 and 149) recognise these peoples as native and peasant…
Read MoreConstitutionalism in Burkina Faso can be said to begin with the proclamation of independence on 5 August 1960 and the constitutional referendum of 27 November 1960. Its history is marked by four republics separated by exceptional military and revolutionary regimes…
Read MoreAccording to the 2018 national census, almost two million Colombians are indigenous. This is equivalent to 4.4% of the country’s total population. Official figures show that 50.1% of indigenous Colombians are women, and 49.9% are men. The majority of indigenous Colombians…
Read MoreThis blog analyses the situation of Indigenous Peoples in the case of Guatemala, where in recent decades there has been noticeable progress in relation to the recognition of their individual and collective rights. However, I argue that this progress is still insufficient…
Read MoreIn 2022, Ghana’s Fourth Republic will be three decades old – the longest any governance regime has lasted since independence. After a long and turbulent relationship with arbitrary power, Ghana, it seems, has finally settled into being a constitutional state…
Read MoreEnergy generation, the construction of infrastructure, and mining exploitation – all of them aided by technological innovations – define the context in which many Indigenous communities and peoples in Mexico have been living in during the past 200 years, since Mexico’s independence in 1821. Environmental conservation…
Read MoreDr. Hilmar Hoch, President of the Constitutional Court of Liechtenstein, inaugurates our new mini-symposium on the Centenary of the Constitution of Liechtenstein with this video address.
Read MoreAmongst the older constitutions of the world that are still in force, one constitution has received little international attention to date, even though it celebrates its hundredth birthday today. This is the Constitution of the tiny Principality of Liechtenstein, which was ratified on 5 October 1921 and published in the Liechtenstein Law Gazette…
Read More2021 marks the bicentennial of the declarations of independence of several Latin American countries. Indeed, in 1821 alone, formal independence was gained by Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Peru. Other new states followed…
Read MoreThe 1996 Constitution of Cameroon was adopted at a time of great expectations when the country appeared to be transitioning from an authoritarian state to a modern constitutional democracy. It epitomised a break with the authoritarian features of the 1972 Constitution…
Read MoreArticle 25 of the Constitution of India, titled ‘freedom of conscience and free profession, practice and propagation of religion’, provides religious freedom to individuals while also empowering the State to regulate or restrict…
Read MoreThe year 2020 was characterized by a myriad of restrictive public health measures (colloquially referred to as “lockdowns”) to protect against the spread of COVID-19. The daily lives of billions of persons, expressed through their routines…
Read MoreAmong the main debated constitutional implications of COVID-19 is the impact of state interventions to protect public health on individual rights and freedoms, such as lockdowns and mobility restrictions, mask and vaccine mandates. However…
Read MoreThe COVID-19 pandemic and domestic legal responses to it have inflicted widespread suffering across the globe. States, democratic and authoritarian, most of them signatories of international human rights instruments, including the International Covenant on Civil and Political Rights (ICCPR)…
Read MoreThe concept of the Rule of Law is seen around the world as a guiding principle that operates to limit the arbitrary exercise of power. Amongst other things, it deters governments from making laws that do not follow agreed legislative processes…
Read MoreLegislatures have essential roles to play in crises, including passing emergency legislation, appropriating needed funding, providing representation, accountability and legitimacy, ensuring crucial oversight and cabining the executive from abusing the crisis…
Read MoreIn this contribution to the symposium on the implications of the COVID-19 pandemic on several core topics and debates within constitutionalism, I address the broad constitutional theme of federalism…
Read MoreThe COVID-19 pandemic led to a large number of countries taking sweeping executive powers to counter the spread of the virus. The debate has thus often been about whether such emergency powers have satisfied the legality, necessity and proportionality principles…
Read MoreThe blog of the International Association of Constitutional Law (IACL)
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