Great luck to all who are submitting papers in this submission cycle!
Richard Albert
2024 Book of the Year
Finalists
Final round voting is now open for the 2024 Book of the Year! The Prize is awarded by the International Forum on the Future of Constitutionalism. It is given to the most important book in constitutional studies published during the previous calendar year. ***
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My Latest Paper
My new paper is now available: How Constitutions Die, to be published later this year in the Florida Law Review. I draw from global patterns of constitutional replacement to identify, illustrate, and theorize three models of constitutional life and death: the sundial, the grenade, and the hourglass. Comments are welcome!
Meet Oleksandr Marusiak, a doctoral graduate of the Ukrainian Free University currently working for UNESCO while holding a research position at the Institute of State Building and Local Governance (Ukraine). He has shared his expertise in constitutional law and theory with various international and non-governmental organizations, including UNHCR, OSCE, the Council of Europe, NDI, GIZ GmbH, the International Institute of Humanitarian Law, and Centre of Policy and Legal Reforms.
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What are you currently writing?
Currently, I am writing a chapter for the forthcoming book Multi-Textual Constitutions of the World (Hart Publishing). Last week, I submitted the first draft of my chapter, Exploring Macro-Constitutional Reality in Ukraine: Multi-Textual Insights from the Constitutional Court, for review. I am also awaiting feedback on the first draft of my encyclopedia article, Incorporation of Territory, which I submitted last year to the Max Planck Encyclopedia of Comparative Constitutional Law.The article examines how constitutions outline the acquisition by a state of new territories.
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What are you planning to write next?
My next piece of work in the foreseeable future will be a chapter for a book on Constitutional Unamendability. The tentative title of the chapter is Territorial Integrity as a Protected Value: A Comparative Analysis of Constitutional Clauses on Territorial Inalterability. I am going to examine various jurisdictions to explore how territorial integrity is established as an unamendable constitutional principle. I see this work as a logical continuation of my current encyclopedia entry on the incorporation of territory.
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Which one of your publications (just one!) do you recommend we read to learn more about you and your work?
In 2020, I wrote a short piece for the Forum for Ukrainian Studies entitled Calendar Paradox of Ukrainian Presidents’ Terms in Office: Good Constitution, Bad Mathematics, exploring the intriguing challenge of calculating the presidential term in Ukraine. Despite the 1996 Constitution establishing a fixed five-year term, no Ukrainian president who has completed a full term has ever served precisely five years in office. Given that President Zelenskyy’s five-year term has already expired during martial law in Ukraine (and no elections are possible during the wartime), I believe this text might again spark some interest to the subject.
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Editor's Note:If you would like to nominate someone for a future edition of “Three Questions,” please let me know!
Visiting on Campus
Last week, Leigha Crout presented her draft on Multi-Textuality in China: Revisions & Revolutions in our writing intensive graduate Seminar on Comparative Constitutional Law and Politics here at the University of Texas at Austin. My students and I enjoyed learning from her presentation, and later having dinner with her.
Some law schools struggle to build a robust culture of legal research and writing. A poor research culture leads to minimal amounts of external grants, few faculty publications, low citation scores, and ultimately declining scholarly rankings. Fortunately, two scholars – Steven Wilf and Jeremy Paul – have joined forces to co-author a useful paper that sketches a roadmap for building a better research culture in law schools.
A Visit to Athens
I was invited to speak at the University of Georgia in a conference on Defending Democracy. My remarks were titled America's Amoral Constitution. I argued that the U.S. Constitution is rooted in an amoral code structured around the value of outcome-neutrality. As a result, the Constitution does not evaluate whether a lawful choice is morally right or wrong; it evaluates only whether the choice satisfies the procedures the Constitution requires for it to have been made. This value of outcome-neutrality has implications for constitutional change in the United States: no principle is inviolable, no right is absolute, and no rule is unamendable. This outstanding conference was hosted by the Dean Rusk International Law Center and the Georgia Journal of International & Comparative Law. It was not easy to get to Athens, located just outside of Atlanta. But it is worth the trip. The campus is beautiful!
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