Constitutional gymnastics to stay in power… or to leave? Elections in the DR Congo

Will the Democratic Republic of Congo head towards its first democratic transition of power in history? Or will president Kabila remain in power? This blog analyses the role of Congo’s Constitution in the postponement of the presidential elections.

Carolien Jacobs • January 07, 2017

Did Papua New Guinea’s Supreme Court Just End Offshore Processing?

In a ground-breaking decision, the Papua New Guinean Supreme Court has ruled that offshore detention of asylum seekers and refugees by Australia and Papua New Guinea is unconstitutional and illegal. This blog examines the judgment and its implications.

Patrick van Berlo • April 29, 2016

The French ‘post-Paris’ state of emergency and its implications for the protection of human rights

The French state of emergency that was declared immediately after the Paris attacks of November 2015 includes measures that derogate from human rights standards

Jan-Peter Loof • March 03, 2016

Should our amendment procedure be amended?

The Dutch Constitution has not been amended significantly since 1983, because our amendment procedure is too rigid. How to solve this problem? What lessons can be learned from other countries to create a stable, but flexible amendment procedure?

Valérie Verschoor • February 25, 2016

Requirements of Amendability in Global Constitutional Design

Requirements of constitutional amendability are often seen as very important, if not essential, instruments of modern constitutional design. Yet the topic of constitutional amendment is remarkably under-theorised and under-explored.

Reijer Passchier • September 15, 2015 • 1 comment

A conference to celebrate our 200 year-old Dutch Constitution.

Our 200 year-old Dutch Constitution as an inspiration for other countries. What lessons can be learned from the Dutch Constitution?

Valérie Verschoor • June 09, 2015

Guiding values in the Dutch Constitution

In the coming months the Dutch government will propose an introductory article in the Constitution. This enumerates three core values underlying the document. But where do we find the detailed provisions that put the values referred to into practice?

Michael Verhulst • April 24, 2015

Amending our freaky Constitution

Last week Parliament debated a significant amendment to the Dutch Constitution concerning the judicial protection of civil rights. Although hardly anyone thinks a change desirable, there is little consensus on what kind of change.

Jerfi Uzman • March 10, 2015

Unconstitutional Constitutional Amendments in the European Union

In a recent article, Yaniv Roznai signals that ‘the global trend is moving towards accepting the idea of limitations – explicit or implicit – on constitutional amendment power’. But what about the ‘supra-national’ EU?

Reijer Passchier and Maarten Stremler • February 09, 2015 • 2 comments

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