Subject: Constitutions

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July 2022, Volume 33, Issue 3

How Viktor Orbán Wins

The case of Hungary shows how autocrats can rig elections legally, using legislative majorities to change the law and neutralize the opposition at every turn, no matter what strategy they adopt.

April 2021, Volume 32, Issue 2

Authoritarian Vestiges in Democratic Regimes

Democracies rarely begin with a blank slate. Relics of authoritarian rule typically persist after democratic transitions, and these vestiges are not always harmful to people’s newfound freedom.

October 2017, Volume 28, Issue 4

Strengthening Constitutionalism in Asia

Liberal democracy can never put down truly firm roots in Asia unless and until the fundamentals of democratic constitutionalism take hold. There are seven practical imperatives that friends of constitutionalism in the region must pursue.

July 2017, Volume 28, Issue 3

India’s Democracy at 70: The Disputed Role of the Courts

India’s Supreme Court has played the role of a countermajoritarian check but has also flirted with populism. This essay examines three aspects of India’s higher judiciary: the struggle between the judiciary and the other branches over “custody” of the Constitution; the question of judicial independence and who has the right to appoint judges (in India,…

July 2017, Volume 28, Issue 3

The Rise of Referendums: Demystifying Direct Democracy

Plebiscites have grown less common in recent decades in authoritarian and semi-authoritarian countries, even as the use of referendums in democracies has expanded. Despite their many shortcomings, referendums are, on balance, a mechanism for strengthening democracy.

January 2014, Volume 25, Issue 1

What Can Constitutions Do? The Afghan Case

January 2014 marks the tenth anniversary of Afghanistan’s constitution. In what areas has it succeeded or failed? Judging by its achievements with respect to four midrange goals, the document has a record that is decidedly mixed.

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April 2012, Volume 23, Issue 2

Tunisia’s Transition and the Twin Tolerations

Of all the “Arab Spring” countries, so far only Tunisia has managed to make a transition to democracy. Tunisians now have a chance to show the world a new example of how religion, society, and the state can relate to one another under democratic conditions.

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January 2012, Volume 23, Issue 1

Morocco: Outfoxing the Opposition

Morocco was not immune to the 2011 upheavals in the Arab world, but the country’s monarchy deftly managed the crisis through cosmetic constitutional reform.

January 2012, Volume 23, Issue 1

Turkey Under the AKP: Are Civil Liberties Safe?

In the West, Turkey is considered a model for a secular democracy in the Muslim world, yet the country finds itself mired in a crisis of civil rights and liberties under a third term of the pro-Islamic AKP government. Ironically, while the government maintains a discourse on political reform—including constitutional amendments—the country is bitterly divided…

July 2011, Volume 22, Issue 3

Kyrgyzstan’s Latest Revolution

Having thrown out a corrupt, authoritarian president for the second time, this Central Asian republic has gained a new chance at securing a real democratic transition.

April 2011, Volume 22, Issue 2

Kenya’s New Constitution

Wracked by postelection violence in 2007 and 2008, Kenya embarked upon a course of constitutional change that culminated in an August 2010 referendum. How was the new basic law framed and passed, and what will it mean for democracy in this key East African country?

January 2011, Volume 22, Issue 1

Constraining Government Power in Africa

African politics is often characterized as a realm of “informality,” but formal rules and institutions actually loom large, especially with regard to overweening executive power and the reforms that may help to rein it in.

July 2010, Volume 21, Issue 3

Ukraine: The Uses of Divided Power

The 2010 presidential election shows that Ukraine is both a surprisingly stable electoral democracy and a disturbingly corrupt one. The corruption, moreover, may have a lot to do with the stability.

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April 2010, Volume 21, Issue 2

Democracy and Deep Divides

How do democracies deal with the deep divisions created by race, ethnicity, religion, and language? The cases of Canada, India, and the United States show that democratic institutions—notably, competitive elections and independent judiciaries—can bridge divides and build stability, but they must find a way to manage the tension between individual and group equality.

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October 2008, Volume 19, Issue 4

Georgia’s Year of Turmoil

A domestic political crisis began brewing in Georgia long before the current conflict with Russia. Since the Rose Revolution, the country has been troubled by flawed elections, a “superpresidency,” and a malleable constitution.

July 2008, Volume 19, Issue 3

The Remarkable Story of Somaliland

Emerging from one of the world’s most notorious failed states, Somaliland has become an oasis of relative democratic stability in the troubled Horn of Africa. What does its story teach us about democratic state-building?

October 2007, Volume 18, Issue 4

Latin America’s Indigenous Peoples

Where indigenous peoples constitute a smaller share of the electorate, their recent inclusion denotes a more generalized opening of the political system to excluded and vulnerable sectors of society.

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October 2006, Volume 17, Issue 4

Constitutional Courts: A Primer for Decision Makers

Courts empowered to overturn legislative acts have spread rapidly in recent years. If carefully designed and limited, constitutional courts may aid democratic consolidation, but if not, they can become objects of political strife, impediments to democracy, and bad influences on legal development.

July 2004, Volume 15, Issue 3

Crafting a Constitution for Afghanistan

As 2004 began, Afghanistan approved a new constitution that represents a key step forward in its political reconstruction. But it is not yet clear whether this new constitution will enable the country to surmount the many challenges that lie ahead.

April 2004, Volume 15, Issue 2

Constitution-Making After Conflict: Lessons for Iraq

A through, deliberat, and consultative constitution-making process, which takes account of key lessons learned in other countries, will be essential to the legitimacy of a new Iraqi constitution and to the future of democracy.

April 2004, Volume 15, Issue 2

Constitutional Design for Divided Societies

Constitution writers in ethnically or otherwise divided countries should focus on designing a system of power-sharing rules and institutions. Studies by political scientists point to a set of basic recommendations that should form a starting point for constitutional negotiations.

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January 2004, Volume 15, Issue 1

Iraq: Setbacks, Advances, Prospects

The stakes are enormous and the challenges are difficult, but a look at Iraq months after the toppling of Saddam Hussein reveals that, despite all the frustrating setbacks, grounds for cautious optimism remain.

October 2002, Volume 13, Issue 4

Democracy Under Stress in Thaksin’s Thailand

In 1997, Thailand adopted constitutional reforms. Now, five years after the reforms and almost two years into the premiership of Thaksin Shinawatra, we can see the gaps and ironies that the reforms left behind.

April 2002, Volume 13, Issue 2

A New Look at Federalism: Italy Decentralizes

Italy has long mixed great local and regional diversity with a unitary approach to governance. In October 2001, however, Italian voters approved a series of changes to their country’s Constitution that could mark a decisive turn toward federalism.

April 2000, Volume 11, Issue 2

Electoral Reform and Stability in Uruguay

In the November 1999 presidential election, Uruguayans reaffirmed their strong commitment to democracy, while adjusting to a set of constitutional reforms that profoundly altered the electoral system.

July 1996, Volume 7, Issue 3

Crafting Constitutions

A review of Comparative Constitutional Engineering: An Inquiry into Structures, Incentives and Outcomes, by Giovanni Sartori.

Inside the Fight to Save Israeli Democracy

Prime Minister Benjamin Netanyahu wants the public to see his efforts to overhaul the Israeli judiciary as a “reform.” But people have seen it for what it is: a struggle over the very future of democracy itself.