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Journal articles on the topic 'Constitutional crises'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Matanda, Tonderai. "Pacifying the Crises of (Un)Constitutional Amendments: The Case of Zimbabwe’s Amendment (No.1) and (No.2) Acts." Strathmore Law Review 7, no. 1 (2022): 75–99. http://dx.doi.org/10.52907/slr.v7i1.192.

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Zimbabwe enacted a new constitution in 2013 amid high hopes for a turn towards a new era of democratisation, constitutionalism, and adherence to the rule of law. However, subsequent to 2013, Zimbabwe entered an era of regression on the democratic values espoused by the new constitution. The apogee of the regression is the amendments of the Constitution, neutralising some of its most progressive elements. This paper analyses two recent constitutional amendments: amendments no. 1 and no.2, in the Zimbabwean context pertaining to judicial appointments and terms of office. It also evaluates the po

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2

Cha, Dongwook. "The Constitutional Court as a Political Crisis Manager." Crisis and Emergency Management: Theory and Praxis 13, no. 1 (2023): 1–6. http://dx.doi.org/10.14251/jscm.2023.1.1.

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While the Korean National Assembly, a symbol of representative and majoritarian democracy, was found to lack problem-solving ability on political issues that had attracted public attention, the Korean Constitutional Court emerged as a new problem- solver. A very large proportion of the high-profile cases brought for decision to the Constitutional Court involved intense political controversies which might have led to political crisis. The state of the presidential impeachment is both a crisis of democracy and a crisis of the Constitution. The resolution of the problem was concluded by the judic

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Negretto, Gabriel Leonardo. "Replacing and Amending Constitutions. The Logic of Constitutional Change in Latin America." Law & Society Review 46, no. 4 (2012): 746–79. https://doi.org/10.1111/j.1540-5893.2012.00516.x.

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Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced when they fail to work as governance structures or when their design prevents competing political interests from accommodating to changing environments. According to this perspective, constitutions are likely to be replaced when constitutional crises are frequent, when political actors lack the capacity to implement changes by means of amendme

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4

van Staden, Marius, and Elena Gladun. "Constitutional change: a new facet of comparative constitutional law: Book review: Routledge Handbook of Comparative Constitutional Change / ed. by X.Contiades, A.Fotiadou. London: Routledge, 2020." Sravnitel noe konstitucionnoe obozrenie 32, no. 1 (2023): 146–71. https://doi.org/10.21128/1812-7126-2023-1-146-171.

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No constitution can remain unchanged for an extended period of time. This fact has long been recognized by constitutional scholars and shown by the practice of numerous states. Objective and subjective conditions, including political, financial, and biological crises as well as internal socio-economic problems of states lead to the inability of constitutions to fulfill their main functions and to their changing with the needs of the times. Changes may concern both individual provisions in the text of the constitution and constitutional identity and values. The consequences of constitutional ch

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Diniz, Ricardo Martins Spindola. "O presente fugidio das crises constitucionais: uma interrogação acerca da questão concernindo a Modernidade da Constituição." Revista Direito e Práxis 13, no. 2 (2022): 978–1015. http://dx.doi.org/10.1590/2179-8966/2020/51174.

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Resumo Denunciam-se crises constitucionais a todo o momento. Ainda que cada vez mais a capacidade de mobilização popular desse conceito venha diminuindo, em que cada vez menos pessoas se vejam dispostas a ir às ruas em defesa da Constituição em crise, o conceito de crise retém, incontestavelmente, sua importância, tanto retórica como historiográfica. Não obstante, uma teoria das crises constitucionais resta ausente. O presente artigo se propõe a enfrentar essa ausência, interrogando-a tanto na literatura dedicada ao conceito de crises constitucionais quanto questionando o sentido dessa ausênci

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Bondarchuk, Ilya V. "RULE-MAKING POLICY OF THE REPUBLIC OF CRIMEA IN THE CONDITIONS OF CHANGE OF CONSTITUTIONAL CYCLES." RUDN Journal of Law 23, no. 1 (2019): 80–101. http://dx.doi.org/10.22363/2313-2337-2019-23-1-80-101.

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This paper draws on new comparative data from these three cycles of Crimean constitutional process (1992-1994, 1995-1998 and 2014-2018) to provide evidence for a novel approach to changes in political and legal systems - an approach that explains both the impact of constitutional crises as well as the robustness of the systems themselves to a more serious destabilization. Our analyses suggest that the political and legal systems have an inbuilt mechanism that saves them from overheating in times of crisis. The mechanism operates simultaneously on the level of law enforcement and at the level o

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Negretto, Gabriel Leonardo. "Replacing and Amending Constitutions. The Logic of Constitutional Change in Latin America." Law & Society Review 46, no. 4 (2012): 749–79. https://doi.org/10.5281/zenodo.10577390.

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Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced when they fail to work as governance structures or when their design prevents competing political interests from accommodating to changing environments. According to this perspective, constitutions are likely to be replaced when constitutional crises are frequent, when political actors lack the capacity to implement changes by means of amendme

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Skuczyński, Paweł. "Pojęcie kryzysu w filozofii i naukach społecznych a kryzysy prawne." Filozofia Publiczna i Edukacja Demokratyczna 7, no. 1 (2018): 250–75. http://dx.doi.org/10.14746/fped.2018.7.1.11.

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The aim of this article is to discuss different approaches to the phenomena of crisis, which are reconstructed from chosen philosophical and social sciences theories. Latest popularity of the notion of legal or constitutional crisis in jurisprudence establishes the point of departure. Using this notion in legal context opens a problem of adopting in this field more general and well-grounded perspectives on crises. Subsequently, I present the concept of crises in works of Edmund Husserl, Hannah Arendt, Reinhart Koselleck and Niklas Luhmann. Each of aforementioned sections is concluded with an e

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Alsarghali, Sanaa. "The ‘State of Emergency’ or the ‘State of Exception’? Bahrain and COVID-19." Global Discourse 10, no. 4 (2020): 445–54. http://dx.doi.org/10.1332/204378920x16015781496746.

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The COVID-19 pandemic has raised awareness across the globe of how constitutions respond to crisis. Typically, countries, and their constitutions, have provisions that enable governments to respond to these crises rapidly through forms of exceptional powers which suspend usual constitutional norms. These powers are often invoked after declaring a ‘state of emergency’, a constitutional clause that has strict stipulations and requirements. Certain regimes, however, have been known to abuse these exceptional powers and to use them in times of normalcy (non-crisis). This paper examines how Bahrain

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Verney, Douglas V. "From Executive to Legislative Federalism? The Transformation of the Political System in Canada and India." Review of Politics 51, no. 2 (1989): 241–63. http://dx.doi.org/10.1017/s0034670500048105.

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Canada and India have hybrid systems of government. Both experienced constitutional crises in the 1970's. These crises have usually been treated as sui generis. It is the hypothesis of this article that the crises raise fundamental questions regarding the very nature of such systems, which are based on “parliamentary federalism,” a political system invented in Canada to provide strong central government. This hybrid system combines two classical models: British tradition, based on parliamentary supremacy and conventions, and American principles, which require a written constitution, the separa

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Kielin, Łukasz. "Constitutionalisation of Fiscal Rules in Times of Financial Crises – a Cure or a Trap?" Financial Law Review, no. 22 (2) (2021): 94–112. http://dx.doi.org/10.4467/22996834flr.21.014.13982.

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The global financial crisis of 2008 undoubtedly had a significant impact on the constitutional regulation of economic and financial matters. As a consequence of economic downturn six EU Member States (Germany, Spain, Slovakia, Slovenia, Italy and Hungary) have amended their constitutions. With economic crisis caused by global pandemic of, the new discussion about constitutional fiscal policy rules is expected. New economic downturn is one of the most important challenges for the constitutional fiscal rules, which undoubtedly will verify their functioning and effectiveness. The main purpose of

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Szreniawski, Piotr. "Podobieństwo jako prazasada prawa w perspektywie prawa konstytucyjnego." Przegląd Prawa Konstytucyjnego 84, no. 2 (2025): 11–24. https://doi.org/10.15804/ppk.2025.02.01.

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The aim of this article is to analyze the role of similarity as a structural principle of constitutional law, in a comparative dimension, and as a mechanism shaping the process of enacting, interpreting and applying law. Similarity allows to prepare for future events and to create norms fitting different but analogous situations. Court precedents, both in common law systems and in statutory law, are based on the perception of similarities between cases. Similarity also operates in the legislative process, legislators formulate norms based on previous experiences. Constitutions assume the repea

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Weingast, Barry R. "The Constitutional Dilemma of Economic Liberty." Journal of Economic Perspectives 19, no. 3 (2005): 89–108. http://dx.doi.org/10.1257/089533005774357815.

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This paper studies the problem of self-enforcing constitutions, addressing the question, how do some constitutions provide incentives for political officials to abide by the constraints announced in the constitution? To understand the mechanisms underlying successful constitutions, the paper begins by exploring a simple society facing the dilemma of policing the government: a sovereign, who controls the government, and two citizens. It then moves to a discussion of how constitutions are often formed out of crises, with some more detailed discussion of two main examples: England's Glorious Revo

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Suska, Anna. "The Role of the President of the Republic of Poland in Constitutional Crisis and Constitutional Rot." Studia Politologiczne, no. 61/2021 (October 1, 2021): 50–64. http://dx.doi.org/10.33896/spolit.2021.61.3.

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The article provides an analysis of the powers of the President of the Republic of Poland, which may have an impact on counteracting and moderating constitutional crises and constitutional rot. It aims to describe the potential actions that the head of state may take in a constitutional crisis to restore the stabilization of the state and the constitutional order with its values. The study also includes a reflection on the influence of the style of the presidency on the effectiveness of arbitration.

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Kodaneva, Svetlana I. "The consequences of Brexit for the constitutional system of the Great Britain." Gosudarstvo i pravo, no. 1 (2023): 114. http://dx.doi.org/10.31857/s102694520024108-9.

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The vote in the 2016 referendum on exit from the EU was held under the slogan “take back con-trol”, which, in particular, meant the return of parliamentary sovereignty, lost as a result of the transfer of some powers to the supranational level and the impossibility for the UK Parliament to influence decisions taken in Brussels. However, in the process of withdrawal, the UK faced a number of constitutional problems that led to one of the most serious constitutional crises in the history of British parliamentarism, caused by the clash of parliamentary and popular sovereignty, on the one hand, an

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Patmore, Glenn A., and John D. Whyte. "Imagining Constitutional Crises: Power and (MIS)Behaviour in Republican Australia." Federal Law Review 25, no. 1 (1997): 181–203. http://dx.doi.org/10.22145/flr.25.1.6.

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The change we propose [to the Australian Constitution] has very limited implications for the design of Australia's democracy. It is the so-called “minimalist” option. All the essential constitutional principles and practices which have worked well and evolved constructively over the last hundred years will remain in place.1

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FORTES, P. R. B. "Crises da democracia e de governo: um ensaio de história constitucional brasileira em defesa da Constituição-Cidadã e da cidadania emancipada." Passagens: Revista Internacional de História Política e Cultura Jurídica 15, no. 1 (2023): 4–16. http://dx.doi.org/10.15175/1984-2503-202315101.

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The following essay discusses the crises of democracy and systems of government in Brazilian constitutional history over the course of two centuries from the perspective of defending the Citizens’ Constitution and emancipated citizenship. It undertakes a qualitative evaluation of the institutions, from criticism to the democratic deficit due to the lack of popular participation in the processes for developing the constitutions and the party-political processes established by the electoral systems. It analyzes the systems of government, the trajectory of the State from the imperial monarchy to

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18

Ahsan, Fikri, Wahyu Andrianto, Djarot Dimas Achmad Andaru, and Mohamad Mohamad Hanapi. "The Postponed Regional Head Elections in Emergency Situations: a Constitutional Democracy Perspective in Indonesia." Yustisia Jurnal Hukum 12, no. 2 (2023): 202. http://dx.doi.org/10.20961/yustisia.v12i2.64638.

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<p>The postponement of regional head elections may be done when the country is declared in a state of emergency. Emergencies such as war, economic crises, disease epidemics, and natural disasters affect the constitutional rights of citizens regulated by the 1945 Constitution. Therefore, legal instruments are needed to avoid unconstitutionality in fulfilling constitutional rights and democratic values during emergencies or dangers, including postponing regional elections during the COVID-19 pandemic. Article 12 of the 1945 Constitution is the most relevant legal basis for activating emerg

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Martinico, Giuseppe. "The constitutional implications of the crises." Journal of European Integration 37, no. 6 (2015): 705–12. http://dx.doi.org/10.1080/07036337.2015.1056490.

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20

Pierdominici, Leonardo. "The Theory of EU Constitutional Pluralism: A Crisis in a Crisis?" Perspectives on Federalism 9, no. 2 (2017): E—119—E—153. http://dx.doi.org/10.1515/pof-2017-0012.

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Abstract The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs the way in which constitutional pluralism came to the fore, the different ways in which the theory was presented, and considers historical criticism it has faced. It then looks at the anomalies that, allegedly, cannot be explained today by constitutional pluralism as a paradigm, linked to the current economic and political crises in the Union. The reconstruction of the debate is co

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Wihl, Tim. "“Aufhebungsrechte (Rights of Sublation)”." Rechtsphilosophie 10, no. 3 (2024): 241–58. http://dx.doi.org/10.5771/2364-1355-2024-3-241.

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In this article, I argue that every crisis of democracy should be analyzed as a crisis of the regime of fundamental rights that keeps democracies together and sets them radically apart from all other constitutional regimes. First, it will be necessary to explain at length why and in which way individual rights do indeed form the conceptual heart of modern democracies. Secondly, in a rough outline, contemporary “crises” of democracy will be exposed as crises of rights.

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PONGO, MIKOBI Stéphane. "La problématique de la Révisibilité des constitutions en Afrique. Enjeux et Perspectives." International Journal of Recent Research in Social Sciences and Humanities 9, no. 3 (2022): 40–50. https://doi.org/10.5281/zenodo.6924881.

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<strong>Abstract:</strong> The Constitution is a supreme law in almost every country in the world. Since states are dynamic, the constitution is also called upon to evolve to adapt to this dynamism. A static Constitution is a fallen Constitution. But in Africa, notwithstanding the adaptability to which the constitution must be subjected, there is a constitutional inconsistency detrimental to the good mobility of the state. This inconsistency is caused by a glut of constitutional revisions for sordid gains, often linked to the retention of heads of state in power beyond the previously defined l

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Mampuya, Auguste. "La production constitutionnelle au cours des transitions africaines." Civitas Europa 6, no. 1 (2001): 57–76. http://dx.doi.org/10.3406/civit.2001.946.

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The introduction of democracy in Africa, when a number ex-colonial states were granted independence, was the occasion for the creation of a variety of constitutions, a technique frequently used thereafter, the constitutional arrangements invariably being an attempt to find a solution to political crises or even armed conflict. Ironically, this fetishisation of constitutions, treating them as a panacea, subsequently became the favourite instrument of dictators, thus rapidly disproving the legal and historical belief that a constitution limits a ruler's powers. Under the pressure of events, howe

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Balaguer Callejón, Francisco. "Crisis sanitaria y Derecho Constitucional en el contexto global." Teoría y Realidad Constitucional, no. 46 (December 16, 2020): 121. http://dx.doi.org/10.5944/trc.46.2020.29106.

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En este trabajo se analiza la incidencia de la crisis sanitaria sobre el derecho constitucional teniendo en cuenta el contexto global y, por tanto, la incidencia que la crisis puede tener sobre el Estado constitucional con el impulso que va a dar a los grandes agentes globales que han provocado las grandes crisis del constitucionalismo de nuestra época.This paper analyses the impact of the health crisis on constitutional law, taking into account the global context and, therefore, the impact that the crisis may have on the constitutional state with the boost that it will give to the great globa

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Nikfar, Jaseb. "A Historical-Comparative Examination of the Thoughts of Dehkhoda, Soltan al-Olama, and Mohammad Khiabani on “Persophilia”." Journal of Social-Political Studies of Iran's Culture and History 3, no. ۲ (2024): 409–25. https://doi.org/10.61838/kman.jspsich.3.2.23.

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This article examines the approaches of three prominent figures of the Constitutional Era—Ali Akbar Dehkhoda, Soltan al-Olama Khorasani, and Mohammad Khiabani—regarding Persophilia. To achieve the objectives of the study, Thomas Spragens’ “Crisis Theory” has been employed. The central question is: Based on which theoretical and historical approaches did these constitutionalists conceptualize “Persophilia”? And what are the similarities and differences among the approaches of these three figures in a comparative framework? To this end, the responses of these three individuals to the crises of t

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Pérez-Liñán, Aníbal. "Democratization and Constitutional Crises in Presidential Regimes." Comparative Political Studies 38, no. 1 (2005): 51–74. http://dx.doi.org/10.1177/0010414004270888.

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This article explores the impact of democratization on the resolution of executive-legislative crises in Latin American presidential regimes. The author studies 27 episodes in which the executive branch closed the legislature or the legislature removed the chief executive from office between 1950 and 2000. It is hypothesized that the democratization of Latin American presidential systems has hindered the ability of presidents to challenge the legislature and encouraged the emergence of congressional supremacy (i.e., the capacity of congress to impeach the president if a serious conflict emerge

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Mojski, Wojciech. "Constitutional Court Ruling with Constitutional Defectiveness. Theoretical Perspective." Przegląd Prawa Konstytucyjnego 81, no. 5 (2024): 293–302. https://doi.org/10.15804/ppk.2024.05.21.

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The article attempts to analyze the issue of the systemic effects of the constitutional defects of a constitutional court’s ruling on the legal order of a constitutional state. This systemic problem, relatively rarely observed in practice – characteristic in the sense of a model analysis for constitutional crises – however has occurred in recent years, among others, in Poland, which causes many theoretical and consequently practical problems that require solution. The study is a voice in the discussion in this area, adopting a theoretical perspective for the analysis of these issues, based pri

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Gárdos-Orosz, Fruzsina. "Constitutional Justice in Credit Crises. The Hungarian Case." Südosteuropa 66, no. 1 (2018): 94–118. http://dx.doi.org/10.1515/soeu-2018-0006.

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Abstract The economic crisis of 2008 brought about a rapid depreciation in the exchange rate of the Hungarian forint (HUF). Debtors in Hungary had borrowed money in foreign currencies—especially the Swiss franc—and now found themselves in a significantly deteriorating situation. The consequences of increased indebtedness reached all levels of society. On various grounds, consumers took out numerous civil law proceedings to challenge consumer loan agreements. Questions raised by these lawsuits were, several times, brought to Hungary’s Supreme Court, and were then taken to the legislature. The l

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Ibrahim, Mohammad. "Constitutional Change: Towards Better Human Rights Protection in Australia." Constitutional Review 5, no. 2 (2019): 248. http://dx.doi.org/10.31078/consrev523.

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Many legal scholars contend that Australia does not have a charter of rights in its Constitution. The legal scholar Rosalind Dixon, however, suggests that the Constitution does include some provisions that could be viewed as resembling a (partial) bill of rights. This constitutional framework might cause one to ponder whether human rights are adequately protected in the Australian constitutional system. This paper attempts to consider this question. It is argued that the protection of human rights under the Constitution, federal and state laws is not fully capable of responding to at least thr

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Búran, Martin, and Romana Koneracká. "Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution." Bratislava Law Review 9, no. 1 (2025): 281–84. https://doi.org/10.46282/blr.2025.9.1.1081.

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On March 21, 2025, an international scientific conference titled "Constitutional-Political Crises in a Parliamentary Forms of Government and Legal Options for Resolution" was held at the Faculty of Law of Comenius University Bratislava. The conference was organised by the Department of Constitutional Law as one of the outputs of a scientific project under the title of "Constitutional-political crises caused by the loss of confidence of parliament in the government and possibilities for their resolution", which was supported by VEGA grant No. 1/0331/24.

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Selimi, Behar, and Murat Jashari. "Constitutional Interpretation or Construction of the Government-Formation Process in Kosovo." Zbornik Pravnog fakulteta u Zagrebu 71, no. 6 (2022): 867–96. http://dx.doi.org/10.3935/zpfz.71.6.03.

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This article analyzes the constitutional provisions and practices of the Kosovar process of forming a government in two scenarios: after a parliamentary election, and after a motion of no confidence. The factors that most prominently complicate this process are the proportional electoral system, extreme party pluralism, and ambiguous constitutional provisions. Leaving aside the first two factors, which have thus far resisted efforts to change them, the authors claim that the constitutional law dealing with the government-formation process has undergone both procedural and substantive changes a

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CHEON, Kwang Seok. "30 Years of the Korean Constitutional Law Association." Korean Constitutional Law Association 31, no. 1 (2025): 1–38. https://doi.org/10.35901/kjcl.2025.31.1.1.

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The Korean Constitutional Law Association(KCLA) was founded in 1994. This article is reflecting its development over the past 30 years. In order to find the criteria for describing, I first examined the meaning of the existence of academia and scientific community. This was especially necessary in the case of the KCLA, as an academic association of the same name had already been founded in 1969 and existed for 10 years, and it was necessary to clarify the relationship between this association and KCLA founded in 1994. It pointed out that the methodology of constitutional law research was chang

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Steiner, Andrea Quirino, Marcelo de Almeida Medeiros, and Rafael Mesquita de Souza Lima. "From Tegucigalpa to Teheran: Brazil's diplomacy as an emerging Western country." Revista Brasileira de Política Internacional 57, no. 1 (2014): 40–58. http://dx.doi.org/10.1590/0034-7329201400103.

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This paper reviews Brazil's pursuit for international insertion by: discussing its search for new partners; presenting an overview of the historical, cultural, and political features that render it the most Western of the emerging nations; and analyzing its participation in the management of two major international crises, the Honduran constitutional crisis and the Iranian nuclear crisis.

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Heard, Andrew. "The Governor General’s Decision to Prorogue Parliament: A Chronology & Assessment." Constitutional Forum / Forum constitutionnel 18, no. 1, 2 & 3 (2011): 2009. http://dx.doi.org/10.21991/c9hm2k.

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We are fortunate that real crises are few and far between in Canadian politics. We have a fundamentally stable system of government, and most political leaders both understand and play by the rules most of the time. As a result, it is something of a shock when a real crisis erupts and fundamental differences unfold over basic constitutional rules. Canada’s parliamentary system has been under increasing strain for several years, but matters came to a head in late 2008. While Governor General Michaëlle Jean’s controversial decision to grant Prime Minister Stephen Harper’s request to prorogue Par

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Ciapała, Jerzy. "Konstytucyjne podstawy prowadzenia działalności gospodarczej przez jednostki samorządu terytorialnego." Przegląd Prawa Konstytucyjnego 77, no. 1 (2024): 167–82. http://dx.doi.org/10.15804/ppk.2024.01.12.

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The subject of the study concerns the constitutional and statutory basis for the economic activity of local government units. According to the Constitution, they are not entitled to the attribute of economic freedom, and therefore they should focus their economic activity on satisfying, in accordance with the laws, the needs of a given community of residents, avoiding economic risk and going beyond their own tasks. The insufficient level of local government’s own revenues was criticized, especially after 2015, which is inconsistent with the constitutional assumptions and causes financial crise

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ALİYEV, Pelin. "Charles De Gaulle’s Effect on French Politics." Gazi Akademik Bakış 17, no. 33 (2023): 207–27. http://dx.doi.org/10.19060/gav.1405869.

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The fate of France’s political and constitutional history, which had been rife with instability, was altered with the establishment of the Fifth Republic. However, the transition to a new political system was quite painful. Moreover, system debates continued after the proclamation of the Fifth Republic. Especially the 1962 constitutional amendment process left France faced with a new political crisis. This research aims to reveal how Charles de Gaulle, the first president of the Fifth Republic, had an effect on the shaping of French politics and overcoming the political crises that led to the

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Ndlovu, James, and Tigere Paidamoyo Muringa. "No to Third Term! Pastoral Statement by the Church in Zimbabwe as an Indictment on President Mnangagwa’s Bid to Amend the Constitution." Religions 16, no. 4 (2025): 489. https://doi.org/10.3390/rel16040489.

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The Second Republic of Zimbabwe has witnessed continued political and socio-economic crises. Despite the worsening crisis under the new dispensation, there have been calls for extending the current administration’s term limit beyond 2028. The impending crisis has attracted several responses and criticisms across various sectors. The church collective in Zimbabwe has raised concerns over the crisis and issued several statements commenting on the developments in the national landscape. However, the church has been criticised for failing to speak with one voice, especially on political matters. T

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Agyeman-Budu, Kwaku. "Countering Constitutional Crises within the African Union Framework: Legality, Legitimacy and Suitability." Recht in Afrika 25, no. 1 (2022): 30–52. http://dx.doi.org/10.5771/2363-6270-2022-1-30.

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The African Union (AU), which succeeded the Organisation of African Unity (OAU) in 2002, is based on a strong legal and institutional framework that reinforces constitutionalism at national, regional and continental levels. This framework is a response to the failure of the OAU to tame autocratic tendencies within its member states. It cements the organisation’s commitment to infuse the ideals, values and norms of constitutionalism into the conduct of domestic affairs and politics. The relevance of the framework stems from its ability, when adhered to by all member states, to prevent constitut

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Makunya, Trésor Muhindo. "The Nexus between Constitutionalism, Peace and Security in the Law and Practice of the African Union." Recht in Afrika 25, no. 1 (2022): 53–83. http://dx.doi.org/10.5771/2363-6270-2022-1-53.

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The African Union (AU), which succeeded the Organisation of African Unity (OAU) in 2002, is based on a strong legal and institutional framework that reinforces constitutionalism at national, regional and continental levels. This framework is a response to the failure of the OAU to tame autocratic tendencies within its member states. It cements the organisation’s commitment to infuse the ideals, values and norms of constitutionalism into the conduct of domestic affairs and politics. The relevance of the framework stems from its ability, when adhered to by all member states, to prevent constitut

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Fisher, Louis. "Teaching the Presidency: Idealizing a Constitutional Office." PS: Political Science & Politics 45, no. 01 (2012): 17–31. http://dx.doi.org/10.1017/s1049096511001673.

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From World War II to the present, prominent scholars placed their hopes in the presidency to protect the nation from outside threats and deal effectively with domestic crises. Their theories weakened the constitutional system of separation of powers and checks and balances by reviving an outsized trust in executive power (especially over external affairs) that William Blackstone and others promoted in eighteenth-century England. The American framers of the Constitution studied those models with great care and fully rejected those precedents when they declared their independence from England.

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Joerges, Christian. "Europe's Economic Constitution in Crisis and the Emergence of a New Constitutional Constellation." German Law Journal 15, no. 5 (2014): 985–1027. http://dx.doi.org/10.1017/s2071832200019234.

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The European Union rides through troubled waters. Its original reliance on law as the object and agent of the integration project and on the “economic constitution,” which the Economic and Monetary Union (EMU)—as accomplished by the Treaty of Maastricht— expected to complete, have proven unsustainable. Following the financial and sovereign debt crises, individuals perceive the EMU, with its commitments to price stability and monetary politics, as a failed construction precisely because of its reliance on inflexible rules. The European crisis management seeks to compensate for these failures by

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Kodjo, EKJJ. "Le normativisme kelsénien à l’épreuve des crises politiques en Afrique : analyse à partir des exemples du Burkina Faso, du Gabon et du Mali." Journal de la Recherche Scientifique de l’Université de Lomé 26, no. 4 (2025): 1–28. https://doi.org/10.4314/jrsul.v26i4.12.

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Au lendemain de l’indépendance des États de l’Afrique subsaharienne, le normativisme kelsénien fut considéré comme le modèle de référence d’organisation des ordres juridiques étatiques. Pourtant, cette étude soutient que dans les situations constitutives de crises politiques, telles qu’observées au Burkina Faso, au Gabon et au Mali, le normativisme kelsénien est écarté. La conception kelsénienne de la validité des normes et la théorie kelsénienne de l’unité de l’ordre juridique sont mises à l’écart. Dès lors, l’ordre juridique de crise ne procède plus réellement du pouvoir constituant, la plus

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Bonelli, Matteo. "A Federal Turn? The European Union’s Response to Constitutional Crises in the Member States." Perspectives on Federalism 10, no. 1 (2018): 41–70. http://dx.doi.org/10.2478/pof-2018-0004.

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Abstract The EU has not yet found effective answers to constitutional crises in its Member States, in particular Hungary and Poland. Due to systemic problems of compliance with the common values of Art. 2, the legitimacy of the EU constitutional order and its smooth functioning are under threat, but the EU lacks instruments of direct enforcement and coercion. Several authors have therefore proposed to ‘federalize’ EU mechanisms and to guarantee to EU institutions, in particular the Court of Justice, more powers to intervene vis-à-vis Member States. However, the current Treaty framework present

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Petrosyan, Vahram, and Lusine Harutyunyan. "Schramm, Lucas. 2024. Crises of European Integration: Joining Together or Falling Apart? Palgrave Macmillan, Cham. XVII, 303 pp. https://doi.org/10.1007/978-3-031-54748-5." Journal of Political Science: Bulletin of Yerevan University 3, no. 1(7) (2024): 111–14. http://dx.doi.org/10.46991/jops/2024.3.7.111.

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The book analyses the main factors of European integration crises, taking into account eight major cases from the early 1950s to recent times. The author pays special attention to constitutional crises, the euro crisis and the migration crisis, thus showing that crises have been an integral part of the process of European integration from its very beginning. Although the book does not analyse the current confrontation between Russia and the West, the author argues that European integration began with a serious setback, when member states failed to implement plans to create a European army thro

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Berch, Veronika, Andriy Lankevych, Ruslana Naturkach, Yurii M. Bysaha, and Yurii Y. Bysaha. "Educational aspects in the constitutional and legal provision of democratic governance under martial law: A comparative study." Eduweb 18, no. 3 (2024): 276–93. http://dx.doi.org/10.46502/issn.1856-7576/2024.18.03.21.

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Within the framework of this scientific article, an analysis of various approaches to the constitutional and legal regulation of governance in conditions of martial law in different countries is carried out. The integration of democratic governance under martial law includes an educational perspective, emphasizing the need for citizens and leaders to understand the constitutional and legal frameworks that support democratic principles during crises. Thus, the purpose of this study is to analyze various approaches to the constitutional and legal regulation of governance under conditions of mart

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Köker, Philipp. "The Temporary Transfer of Presidential Powers in the Czech Republic." Review of Central and East European Law 48, no. 1 (2023): 1–31. http://dx.doi.org/10.1163/15730352-bja10074.

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Abstract The Presidency plays a central role in the functioning of the Czech political system. Among others, the President convenes the first sitting of the Chamber of Deputies after elections and must appoint the Government before it can seek parliamentary confidence. Therefore, the emergency hospitalization of President Miloš Zeman after the 2021 parliamentary election presented politicians with a hitherto unprecedented dilemma. Although a full-scale constitutional crisis was eventually averted, the incident still demonstrated the ambiguity and limitations of constitutional provisions on pre

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Nalepa, Monika, and Emilia Justyna Powell. "Fragile democracies and constitutional crises: a laboratory for studying the role of constitutional constraints." Constitutional Political Economy 32, no. 3 (2021): 273–77. http://dx.doi.org/10.1007/s10602-021-09345-7.

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Sprague, Aleta, Amy Raub, and Jody Heymann. "Providing a foundation for decent work and adequate income during health and economic crises: constitutional approaches in 193 countries." International Journal of Sociology and Social Policy 40, no. 9/10 (2020): 1087–105. http://dx.doi.org/10.1108/ijssp-07-2020-0358.

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PurposeAs coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing labor and social security laws often exclude the most vulnerable workers from coverage, exacerbating existing inequalities. Guaranteeing the rights to adequate income even when ill, decent working conditions and nondiscrimination in constitutions may provide a foundation for protecting rights universally, safeguarding against counterproductive austerity measures, and providing a normative foundation for equality

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Kovler, Anatoly I. "The Constitution of Russia in the Focus of Comparative Law." Journal of Foreign Legislation and Comparative Law 19, no. 6 (2023): 5. http://dx.doi.org/10.61205/jzsp.2023.076.

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The 30th anniversary of the Constitution of the Russian Federation provides an opportunity to reflect on the path travelled by the Russian constitutional system and outline the directions for its further development. The Constitution of the Russian Federation is a unique model of constitutional regulation that proves its effectiveness in the context of globalization and large-scale crises. At once, it obviously contains principles and norms that reflect the trends of world’s modern constitutional law. The guarantees of human and civil rights manifest the concept of natural human rights and exp

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Klein, Susan R. "Enduring Principles and Current Crises in Constitutional Criminal Procedure." Law & Social Inquiry 24, no. 02 (1999): 533–73. http://dx.doi.org/10.1111/j.1747-4469.1999.tb00139.x.

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