The Leaflet

a spotlight on the ideas

that will shape the future of constitutionalism.

 Monday, October 13, 2025
 
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From the Director's Desk
Is the United States in a constitutional crisis? Analysts disagree. Some argue yes, others no. But there seems to be little disagreement on whether the United States finds itself in a political crisis. A recent poll asked registered voters the following question: “Would you say the United States is in a political crisis, or not?” In response, 79% of all Americans answered yes, including 93% of Democrats, 60% of Republicans, and 84% of Independents. 
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Addressing a political crisis requires action from political leaders and the people to restore trust, reduce polarization, and strengthen representative institutions. Political actors should insist on non-violence, they should reinforce institutional checks and balances, and they should express and repeat frequently their commitment to upholding the rule of law. For their part, the people should build bridges across differences in their community, they should engage in activism that insists on legal and peaceful pathways to change, and they should invest in civic life. These constructive actions in daily life can help address what many Americans believe is a growing political crisis in the country.
Richard Albert
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The 2025 Supreme Court Term
Last week, the U.S. Supreme Court opened its 2025 Term. The Court is expected to hear arguments on many consequential cases, as usual. My colleague Morgan Marietta explains that “this year’s controversies focus on three dominant themes. One is the continuing constitutional revolution in how the justices read our basic law. … Another clear theme is the deep cultural division among Americans. … A final theme is the struggle for partisan advantage embedded in several cases.” His full analysis appears here. 
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If you are interested in learning about the Court's case law this Term, I recommend these four panel discussions, below, each hosted by a different organization: the Federalist Society, the American Constitution Society, Georgetown University, and the University of Chicago.

 
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Annual Report on Constitution-Making
International IDEA has published its Annual Review of Constitution-Building. This annual report is essential reading for anyone interested in constitution-making and constitutional reform. Authored collaboratively by Adem Kassie Abebe, Sumit Bisarya, W. Elliot Bulmer, Sharon Pia Hickey, Satang Nabaneh, Alexandra Oancea, William Underwood and Kimana Zulueta-FĂĽlscher, this latest edition of the Annual Review features chapters on constitutional resilience, transitional governance, constitution-making in exile, and so much more. I always look forward to this publication.
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NUS Laureate Fellowships
 The National University of Singapore has opened its Call for Applications for the NUS Law Laureate Fellowship, to begin in August 2026. The Laureate Fellowship is intended for early-career scholars interested in pursuing an academic career in law. The Laureate Fellowship is open to applicants in any field of legal research. Fellows are given an annual salary, travel allowance, support for conference attendance, and opportunities to workshop papers. Details are available here.
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The Road to Equality
Last month, Akhil Amar published his latest book: Born Equal: Remaking America's Constitution, 1840-1920, a powerful account of the battle for gender and racial equality in the United States. The book examines the Reconstruction Amendments and the Nineteenth Amendment, the constitutional politics surrounding their enactment, and the leaders that fought for them. The video below features a book talk with the author – my former law school professor and now friend – hosted by the Westport Library on September 18, 2025, just two days after the book was published.
 
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Three Questions with Natalie Fox
I am so pleased to introduce you to Natalie Fox, a scholar of comparative constitutional law at Jagiellonian University in Poland. Her research focuses on the rule of law, unwritten rules, the impact of the EU on the constitutions of individual member states, and the institutional protection of human rights. She is also an attorney and a member of the Bar Association in KrakĂłw.
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What are you currently writing?
I am currently researching unwritten rules within codified constitutions and their significance in various political systems, particularly outside the Anglosphere. My work includes theoretical analyses and contextual examples, focusing on parliamentary functioning. I aim to propose a typology that captures diverse interpretations of these norms and highlights their crucial role in shaping parliamentary dynamics.
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Whose are you planning to write next?
My forthcoming research focuses on the critical integration of civic education into the EU accession process, highlighting the essential role of public awareness in safeguarding the rule of law and judicial independence. I will concentrate on effective communication between the judiciary and citizens to enhance trust and ensure accountability within democratic institutions.
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Which one of your publications (just one!) do you recommend we read to learn more about you and your work?
Particularly from my research conducted under a recently completed grant, I recommend my chapter Transparency and Government Accountability in Brexit Negotiations. It analyzes the UK's withdrawal from the EU, emphasizing the vital role of transparency in ensuring governmental accountability and balancing the constitutional functions of the executive and Parliament.
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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!
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How Constitutions Die
My newest paper is now published: How Constitutions Die, an inquiry into how constitutional life begins and ends. I draw from global patterns of constitutional creation and replacement to introduce, illustrate, and theorize three models of constitutional time: the sundial, the grenade, and the hourglass.
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Constitutional time in the United States follows the sundial model, rotating for centuries through crises both great and small, no consideration ever seriously given to replacing the constitution. The U.S. Constitution is eternal. Chaos reigns in the grenade model, as shocks internal or external explode without warning to spark a constitutional refounding. This model is historically the most common in the world. In contrast, the hourglass model of constitutional time prioritizes rules, order, and transparency: political elites simply flip the hourglass in compliance with law to restart the constitutional clock. This model is less common but it has proven valuable to catalyzing popular participation and to nurturing the rule of law.
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My thanks to the outstanding editorial team at the Florida Law Review for their excellent assistance in bringing this paper to print.
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Linguistic Hegemony in Constitutional Law?
A new book calls for confronting the implications of the global dominance of English in the study of constitutions. What is lost or gained from this fact of constitutional life? What do other languages have to offer to our constitutional vocabulary? Published just last week, The Language of Comparative Constitutional Law gathers perspectives from over 20 scholars on language barriers and epistemic imbalances, language biases and contextual dilemmas, and legal translation and multilingualism. The innovative book is edited by Erika Arban, Maartje De Visser, and Jeong-In Yun.
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Congratulations – and Welcome – to the CCC
 The University of Warwick has launched a new home for constitutional studies: the Centre for Constitutions in Context (CCC), co-directed by Mara Malagodi and David Vitale. Lectures, roundtables, book launches, conferences, and more – expect to see a lot of constitutional activity at the University of Warwick, historically and today a leading site for the study of constitutions. 
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Democracy in Latin America
 A new book on The Birth of Democracy in Latin America argues that democratization in the region was catalyzed by the professionalization of the military, the growth of political parties, and internal divisions in the ruling party. The book – which is available in open access! – is written by my colleague, Raúl Madrid, the Harold C. and Alice T. Nowlin Regents Professor in Liberal Arts here at the University of Texas at Austin. 
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Gamifying the Supreme Court of Canada
Last week, the University of Ottawa released the Supreme Court Experience, an interactive virtual experience that brings users into the building of the Supreme Court of Canada and introduces them to the work of the Court. This new online platform combines video, educational tools, and gaming technology for free to everyone interested in learning about the Court. 
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How to Do Comparative Law
Happy 20th anniversary to one of the most important articles in the field of constitutional studies, published by Ran Hirschl in 2005: The Question of Case Selection in Comparative Constitutional Law, appearing in the American Journal of Comparative Law. If you have read it, you know how foundational it is to the science of constitutional comparison. If you have not yet read it, I recommend it – you can read it here at no cost.
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New FRA Management Board
Congratulations to the new members of the Management Board of the European Agency for Fundamental Rights (“FRA”). The mission of the FRA is to help safeguard the rights, values, and freedoms enshrined in the European Union's Charter of Fundamental Rights. To advance this mission, the FRA collects and analyzes laws and data, identifies trends, gives independent evidence-based advice on rights, and strengthens cooperation among fundamental rights actors. Congratulations to all new members, including some of my academic collaborators Matej Avbelj, Catarina Santos Botelho, Paulina Starski-Lutoborski, and Paloma Krõõt Tupay.
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Emerging Scholars Conference
Every year, graduate students here at the University of Texas at Austin host a conference for early-career scholars, including graduate students, all around the world. The 11th edition of this conference – the Emerging Scholars Conference in Public Law – will be held on February 26-27, 2026. The keynote lecture will be delivered by Lee Epstein. The Call for Papers is now available here. The submission deadline is October 15, 2025.
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Visiting on Campus
It was a joy to receive a visit in my campus office from Luis Franceschi, Assistant Secretary General of the Commonwealth of Nations. In this role, he coordinates the work of 56 members states on public sector governance, judicial transformation, human rights, and other initiatives to advance the rule of law. He is a scholar of constitutional law and public international law, and formerly served as the Founding Dean of Strathmore University Law School.
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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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