Remembering Australian Constituent Power
In: Melbourne University Law Review, Band 46, Heft 3
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In: Melbourne University Law Review, Band 46, Heft 3
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In: Comparative Constitutional Studies (2023). https://doi.org/10.4337/ccs.2023.0014
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In: Elgar Encyclopedia of Comparative Law (3rd ed) (2023)
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In: Federal Law Review (forthcoming)
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In: International Journal of Constitutional Law, Band 20, Heft 1, S. 204-236
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In: The Cambridge yearbook of European legal studies: CYELS, Band 23, S. 311-342
ISSN: 2049-7636
AbstractThis article will place the 2020 amendments to the Russian Constitution in comparative perspective. Although these amendments were officially justified as strengthening the Russian state in order to tackle emerging new problems, they constitutionalise already-existing legislative trends from the last twenty years. They therefore do little to overcome existing problems of Russian state building. What was the reform process about then? It was intended to project the image of reform by involving the people in a staged process of constitutional change while further entrenching the power of the current political elite. The constitutional reforms therefore demonstrate the symbolic role that constitutional law can play in seeking to ensure the survival of mature or later-stage forms of authoritarian populism. This kind of 'theatrical constitution-making' is a broader reminder of how the expressive aspects of constitutional change can be (ab)used by established authoritarian regimes.
In: Sravnitel noe konstitucionnoe obozrenie, Band 136, Heft 3, S. 51-62
In: Cambridge Yearbook of European Legal Studies, Volume 23, 311-342 (2021)
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In: Public Law Review, 31 (1) (2020) 22-27
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In: "Post-Soviet Constitution-Making" in Hanna Lerner and David Landau (eds), Comparative Constitution Making, Edward Elgar Publishing (2019), pp. 539-566
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In: Virginia Journal of International Law, Band 56, Heft 2
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In: Wake Forest Law Review, Band 50, Heft 5
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In: Vienna online journal on international constitutional law: ICL-Journal, Band 9, Heft 4, S. 514-547
ISSN: 1995-5855, 2306-3734
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This Article will examine an important - but largely ignored - approach to constitution- making: The use of restored constitutional orders as the basis for the creation of a new constitutional order. Looking at this 'restoration constitution-making' in post-communist constitutional transition, it will describe how restoration held both advantages and disadvantages. On one hand, restoration improved the politics of constitution-making by helping to avoid the elite manipulation of extraordinary institutions during constitutional drafting. On the other hand, the restoration of decades-old constitutions also led to restored laws that privileged past generations and undermined broad popular participation. Finally, restoration was an important part of gaining international recognition for independence. This international component suggests that constitution-making is about more than just domestic politics. These findings are an important first step in understanding the potential of restoration to ensure a successful constitutional transition.
In: 15 International Journal of Constitutional Law 955-987 (2018)
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In: The national interest, Heft 123, S. 35-43
ISSN: 0884-9382