The Leaflet

a spotlight on the ideas

that will shape the future of constitutionalism.

 Monday, April 15, 2024
 
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From the Director's Desk
I have traveled four times to Israel. Three times at the invitation of universities and once at the invitation of the Ministry of Foreign Affairs. I have seen much of the land, from Jerusalem to Haifa to the Negev and many points in between. On each visit, I have built strong connections to the people and the place. I have also learned that it is a country of many contradictions. This weekend, as Iran is reported to be launching missiles at the country, I am thinking of my friends in Israel. I wish them peace and safety. I wish peace and safety just as strongly for Israel's neighbors and everyone in the region.
Richard Albert
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Flexing Amendment Muscles
It has been three decades since either Canada or the United States engaged in serious nation-wide constitutional amendment activity. The U.S. Constitution was last amended by the 27th Amendment in 1992. Meanwhile, Canada has resisted talk of major constitutional reform since the dramatic failure of the Charlottetown Accord, also in 1992. Amendment muscles in both countries are at risk of atrophy from such a long period of non-use. 
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 Scholars in both countries have innovated exciting programs to inspire the next generation of constitutional actors to flex their amendment muscles. In May, Arizona State University will host the first national student-led Model Constitutional Convention in the United States, while the CAP-CF of the UniversitĂ© du QuĂ©bec Ă  MontrĂ©al will hold mock constitutional negotiations on Senate reform. These two national firsts will help revive the lost tradition of amendment in both countries.
Richard Albert
 
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Ranking Law Schools
Which law schools are the best in the world? Here, below, is the international Top 10 according to QS, Times Higher Education, EduRank, and Research.Com. Each ranking reflects different inputs and outcomes. Harvard University ranks first on all four rankings.
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My own ranking is different. For the quality of the undergraduate law experience, my top spot goes to the University of Oxford. For the quality of the graduate law experience, Yale University ranks first. And for faculty excellence in constitutional studies, it is a tie in first place between the University of Virginia and the University of Melbourne.
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Rest in Peace
 Donald Lutz passed away earlier this year. One of the first American scholars to measure constitutional rigidity, his pioneering 1994 paper Toward a Theory of Constitutional Amendment combines constitutional theory with quantitative analysis of constitutions, including U.S. state constitutions and a sample of 32 national constitutions. He later expanded that paper into his magnum opus, Principles of Constitutional Design, published by Princeton University Press in 2006. His book continues to shape constitutional thought, and it remains available in hardback, nearly 20 years later. 
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Donald Lutz was a beloved teacher. He inspired many students to follow his path into teaching. One of his popular courses featured a constitution-writing exercise for a fictional country he named TUBDUB. Here, below, is the official description for that course.
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Just Published
 In 2022, Laura Cahillane and Donal Coffey hosted a conference to mark the 100th anniversary of the 1922 Irish Free State Constitution. They have now published a new book memorializing the papers delivered at their historic conference, which was held in the Shelbourne Hotel, the building where the Constitution was originally drafted. 
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Constitutional Court of South Africa
Last Monday, the Judicial Services Commission interviewed David Bilchitz for a vacancy on the Constitutional Court of South Africa. Bilchitz is currently Professor of Fundamental Rights and Constitutional Law in the Faculty of Law at the University of Johannesburg. The wide-ranging interview lasted the entire day. The full video is available below. 
 
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Most Cited Italians
The most cited Italian constitutional scholars:
1. Marta Cartabia | 2900 citations
2. Nicola Lupo | 1984 citations
3. Sergio Bartole | 1761 citations
4. Cesare Pinelli | 1634 citations
5. Andrea Manzella | 1535 citations
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The Supreme Court of Canada
The Canadian Supreme Court has just published its 2023 annual report. The data reveal that the Court in 2023 took longer to deliver fewer rulings than in prior years. On the other hand, the percentage of the Court's unanimous rulings was the fourth highest since 2014.

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Historic Ruling in Lesotho
The High Court of Lesotho has applied the basic structure doctrine to invalidate an amendment to the country's constitution. The Court ruled that Parliament disregarded the democratically expressed views of the people. 
Two of my publications were cited:
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80 Laps Around the Sun
Five years ago, I hosted a surprise party for my mother's 75th birthday. Everything went wonderfully except for one thing: my mother nearly fainted at the unexpected sight of all her loved ones gathered together to celebrate her. I learned my lesson that day: no more surprises! 
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When I hosted my mother's 80th birthday last week, there was no surprise. Everything was known in advance: the 120-person guest list, the dinner menu, and the entire program. Here is a photo of the two of us taken that night. Happy 80th birthday to my mom!
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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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