April 11, 2022
 

The Leaflet

a spotlight on the ideas

that will shape the future of constitutionalism.

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From the Director's Desk
This is the season for constitutional reform. Efforts are underway (or just completed) in Belarus, Chile, Gambia, Jamaica, Sierra Leone, Tunisia, and the Holy See. There will be plenty of constitution-making and constitution-changing news in the months ahead. Stay tuned for updates at ConstitutionNet, a website operated by International IDEA.
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The Supreme Court of Kenya recently released its landmark ruling on the Building Bridges Initiative--a judgment that will reverberate in the region and beyond. The BBI sought to transform the Kenyan Constitution: it contained 45 pages and 74 articles in total. The BBI was more than a simple constitutional amendment. It was a constitutional dismemberment. The Court drew from my theory of constitutional dismemberment to strike down the BBI as an unconstitutional amendment. I was pleasantly surprised that the Court cited two of my books and three of my articles: 1. "Constitutional Amendments: Making, Breaking, and Changing Constitutions" (Oxford 2019) | 2. “An Unamendable Constitution?” (Springer 2018) | 3. "Constitutional Amendment and Dismemberment" (2018) | 4. "Constitutional Handcuffs" (2010) | 5. “The Formalist Resistance to Unconstitutional Constitutional Amendment" (2019). The full text is available here.
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In this edition of The Leaflet: two new books, an invitation to Austin in 2023, and a long overdue first in Black history.
Richard Albert
 
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A Long Overdue First
Last week, the US Senate voted to confirm the nomination of Ketanji Brown Jackson to the US Supreme Court, making her the first Black woman on the high court. Her confirmation came 140 years after the first Black woman became a lawyer and 83 years after the first Black woman became a judge in the United States. A long overdue first, but a first nonetheless. Historic!
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The Global Summit on Constitutionalism
Save the Date | All are Welcome
Join us next year in Austin on March 16-18, 2023, for our annual mega-conference: the Global Summit on Constitutionalism. Lectures, panels, workshops on all aspects of constitutions: from design to doctrine, history to politics, sociology to theory, and more. Linda Colley, author of the 2021 IFFC Book of the Year, will give the Keynote Address. And, of course, all guests will be treated to our traditional BBQ dinner. Details soon! In the meantime, check out the archived website for the 2021 Global Summit on Constitutionalism.
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The Limits and Legitimacy of Referendums
Now Available for Pre-Order! 
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Referendums raise a paradox. On the one hand, they can reflect the best traditions of deliberative, innovative, and democracy-enhancing popular decision-making. On the other, they can erode the basic protections of liberal democracy. This new book identifies standards to assess the democratic legitimacy of referendums when we cannot rely on the conventional norms of liberal democracy. The book is structured around three big questions. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are – or who should be – the people that make decisions about a political community's future? And, third, are referendums an effective and reliable mechanism of popular sovereignty?
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Early Reviews
“Rigorous, comprehensive, and realistic, The Limits and Legitimacy of Referendums is foundational for vital democracy in the decades ahead.” – J. Patrick Boyer, Q.C.; Author of Lawmaking by the People (1982) and Forcing Choice: The Risky Rewards of Referendums (2017) | “A wide-ranging and important work, this collection addresses the challenges of the who, what, and when of referendums, and further outlines a research agenda for those contemplating design.” – Erin F. Delaney, Professor of Law, Northwestern University | “Worthy of close attention by all those interested in democracy and constitutionalism in the modern age.” – Rosalind Dixon, Professor of Law, University of New South Wales | “Essential reading for anyone interested in constitutional amendment or popular participation in public decision-making more broadly.” – Oran Doyle, Research Professor, Institutum Iurisprudentiae Academia Sinica; Professor of Law, Trinity College Dublin | “A first-rate, thoughtfully curated collection of essays concerning one of the most critical questions in contemporary constitutional theory.” – Ran Hirschl, Professor of Government & Earl E. Sheffield Regents Chair in Law, The University of Texas at Austin | “A very important collection by internationally recognized experts at the top of their game.” – Matt Qvortrup, Professor of Political Science and International Relations, Coventry University; Author of Referendums and Ethnic Conflict (2014) 
 
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Meet a Subscriber to The Leaflet
Alexandra Flynn is an Assistant Professor of Law at the University of British Columbia. An expert in property, administrative law, and municipal law and governance, Professor Flynn brings deep policy-making experience to her work as a scholar, having worked for the United Nations, the Province of Ontario, and the City of Toronto. Currently writing a book on “Micro Legal Spaces: The Laws of Neighbourhoods and Communities,” Professor Flynn holds degrees from York University (Ph.D., LL.B.), the University of California at Berkeley (LL.M.), Simon Fraser University (M.A.), and Concordia University (B.A.). Connect with her here!
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Just Published!
In their new book, Kevin YL Tan and Michael Ng bring together an outstanding roster of scholars to examine constitution-making in China, Hong Kong, Japan, Macao, Mongolia, North Korea, South Korea, and Taiwan. This book on “Constitutional Foundings in Northeast Asia” is the ninth in Hart's series on Constitutionalism in Asia
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Smile! 
Matching Pink: One of the most important books in constitutional theory and one of the world's coolest dogs.
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Richard Albert

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Richard Albert

Founder and Director

The mission of the International Forum on the Future of Constitutionalism is to marshal knowledge and experience to build a world of opportunity, liberty, and dignity for all.

 
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