January 2024, Volume 35, Issue 1
Can a strong, independent supreme court serve as a guarantor of democracy? In Brazil, Colombia, and Mexico, judges are showing a surprising resolve in fending off their countries’ antidemocratic forces.
October 2023, Volume 34, Issue 4
Is politics an arena without rules? No, and, increasingly, many are enshrined in constitutions. But countries that hardwire their political process into their founding charters face other risks.
April 2023, Volume 34, Issue 2
Chilean voters overwhelmingly rejected a draft constitution that did not reflect their values. They have spoken clearly: They want a new charter, not a new country.
January 2023, Volume 34, Issue 1
After two votes and a yearlong drafting process, Chileans rejected the progressive charter they had claimed to want. Right-wing attacks and voter anxiety are to blame. But can Chileans get it right?
July 2022, Volume 33, Issue 3
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.
July 2021, Volume 32, Issue 3
Chilean democracy has opted to throw off a constitution written by a dictator, and has chosen an assembly to craft a new one. Can Chile begin anew?
April 2021, Volume 32, Issue 2
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.
January 2021, Volume 32, Issue 1
India’s Constitution has long seemed stable, but the rise of an ethnic, absolute, and opaque state is changing the constitutional order in momentous and disturbing ways.
October 2019, Volume 30, Issue 4
The first half of President Rodrigo Duterte’s single six-year term saw steady erosion of legal barriers against abuses of power, typified by a bloody and extralegal “drug war.” Yet in midterm Senate elections, Filipino voters gave him a decisive victory.
October 2017, Volume 28, Issue 4
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
Read the full essay here. 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…
July 2017, Volume 28, Issue 3
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.
July 2016, Volume 27, Issue 3
The interplay between elections, popular protests, and international pressures has a profound effect on the behavior of African autocrats and their ability to stay in power even after their time is up.
July 2016, Volume 27, Issue 3
As more and more African presidents attempt to remove or circumvent constitutional term limits, African populations increasingly are mobilizing en masse, at great risk, to defend their constitutions.
July 2016, Volume 27, Issue 3
There is strong empirical evidence to support the correlation between effective term limits and the quality of democracy.
April 2016, Volume 27, Issue 2
Even though Burma’s military seems to have accepted the NLD’s stunning election victory, it can still use an array of constitutional provisions to hamstring the incoming NLD government.
October 2015, Volume 26, Issue 4
How did a potent Islamist movement come to accept a non-Islamist constitution? The answer lies in that movement’s self-protective reflexes.
April 2015, Volume 26, Issue 2
China has gone back on its well-documented vow (and solemn treaty obligation) to allow Hong Kong genuine universal suffrage. Abrogated commitments and fake democracy are not the path to a thriving Hong Kong that feels at home within the People’s Republic of China.
April 2014, Volume 25, Issue 2
A review of Constitutional Change and Democracy in Indonesia by Donald L. Horowitz.
January 2014, Volume 25, Issue 1
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.
July 2012, Volume 23, Issue 3
In Hungary’s 2010 general elections, Fidesz won 68 percent of the seats in parliament—allowing it to impose a wholly new constitutional order.
July 2012, Volume 23, Issue 3
Can outside actors help Hungarians to loosen Fidesz’s centralized grip on all of their country’s governing institutions?
April 2012, Volume 23, Issue 2
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.
January 2012, Volume 23, Issue 1
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
Read the full essay here. 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…
July 2011, Volume 22, Issue 3
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
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
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
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.
April 2010, Volume 21, Issue 2
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.
October 2008, Volume 19, Issue 4
Bolivia now finds itself locked in a stalemate between forces bent on “refounding” the country and an eastern region insisting on greater autonomy.
October 2008, Volume 19, Issue 4
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
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?
April 2008, Volume 19, Issue 2
Long an extreme case of institutionalized instability, Ecuador now has a dynamic young president who is determined to remake its constitution, and eventually its society, in the name of "twenty-first-century socialism."
October 2007, Volume 18, Issue 4
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.
October 2006, Volume 17, Issue 4
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.
January 2006, Volume 17, Issue 1
Taking advantage of the withdrawal of Syrian troops, Lebanese voters capped the "Beirut Spring" by electing a new majority in parliament.
October 2005, Volume 16, Issue 4
The large number of nonvoters suggests that the movement for a free, internationally monitored referendum on the Islamic Republic’s constitution could gain widespread support. We must now work to make that so.
July 2005, Volume 16, Issue 3
The regime type known as semipresidentialism became a popular choice during the "third wave" of democratization. But some variations of this constitutional arrangement are more conducive to democracy than others
July 2005, Volume 16, Issue 3
At the end of the Cold War, semipresidentialism became the modal constitution of the postcommunist world. In Russia and other post-Soviet states, however, this system of government has impeded consolidation.
April 2005, Volume 16, Issue 2
During the early years of south korea's transition to democracy, expanding popular rule and deepening individual rights went hand-in-hand. But Roh Moo Hyun's presiency has exposed rifts between majority rule and constitutionalism that the country's judiciary is struggling to bridge.
April 2005, Volume 16, Issue 2
Juan Linz’s 1990 critique of presidentialism in these pages was based largely on the Latin American experience. In the last few years, however, four new Asian democracies have encountered presidential crises. Does Linz’s work hold the secret to what has been ailing these regimes?
January 2005, Volume 16, Issue 1
The art or science of designing constitutions can benefit from the insights and methods that undergird the arts and sciences of medical diagnosis and therapy.
July 2004, Volume 15, Issue 3
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.
July 2004, Volume 15, Issue 3
Three leading French political thinkers reflect on why modern democracies tend to forget their own natures, even to the point of encouraging an assertive "identitarianism" that could undermine liberal democracy itself.
April 2004, Volume 15, Issue 2
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
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.
January 2004, Volume 15, Issue 1
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.
January 2003, Volume 14, Issue 1
The “system of separations” is a historic achievement that must be defended even against normatively “purer” understandings of democracy.
January 2003, Volume 14, Issue 1
The vast obstacles to democratic reformism include basic provisions in the Constitution of the Islamic Republic itself.
January 2003, Volume 14, Issue 1
Holding regular, free elections may not be enough to stop turbulence that threatens both the quality of democracy and the coherence of the state.
October 2002, Volume 13, Issue 4
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
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.
October 2000, Volume 11, Issue 4
Are all, or only some, of the world’s religious systems politically compatible with democracy?
October 2000, Volume 11, Issue 4
The Editors’ introduction to “Is Iran Democratizing?”
October 2000, Volume 11, Issue 4
Once again, a reformist electoral victory has been followed by political setbacks. The key to understanding this paradoxical pattern lies in the unique theocratic constitutional structure of the Islamic Republic.
April 2000, Volume 11, Issue 2
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.
October 1999, Volume 10, Issue 4
Read the full essay here.
April 1998, Volume 9, Issue 2
Read the full essay here.
April 1998, Volume 9, Issue 2
Read the full essay here.
July 1996, Volume 7, Issue 3
A review of Comparative Constitutional Engineering: An Inquiry into Structures, Incentives and Outcomes, by Giovanni Sartori.
July 1995, Volume 6, Issue 3
Read the full essay here.
April 1995, Volume 6, Issue 2
Read the full essay here.
April 1995, Volume 6, Issue 2
Read the full essay here.
January 1994, Volume 5, Issue 1
Read the full essay here.
October 1993, Volume 4, Issue 4
Read the full essay here.
October 1993, Volume 4, Issue 4
Read the full essay here.
April 1993, Volume 4, Issue 2
Read the full essay here.
Fall 1991, Volume 2, Issue 4
Read the full essay here.
Fall 1990, Volume 1, Issue 4
Read the full essay here.
Fall 1990, Volume 1, Issue 4
Read the full essay here.
El presidente saliente del país está determinado a arrasar con el sistema judicial mexicano. Su ataque al Estado de Derecho es aún más preocupante de lo que se piensa.
The country’s outgoing president is determined to bulldoze Mexico’s judicial system. His attack on the rule of law is even worse than most people realize.
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.
