April 2023, Volume 34, Issue 2
Chile’s Failed Constitution: Democracy Wins
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.
Subject: Constitutions
January 2023, Volume 34, Issue 1
Chile’s Constitutional Chaos
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
How Viktor Orbán Wins
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
Latin America Erupts: Re-founding Chile
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
Authoritarian Vestiges in Democratic Regimes
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
The Three Faces of the Indian State
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
Southeast Asia’s Troubling Elections: Duterte versus the Rule of Law
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
Strengthening Constitutionalism in Asia
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
India’s Democracy at 70: The Disputed Role of the Courts
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 to appoint judges (in India,…
July 2017, Volume 28, Issue 3
The Rise of Referendums: Demystifying Direct Democracy
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 Struggle Over Term Limits in Africa: How International Pressure Can Help
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
The Struggle Over Term Limits in Africa: The Power of Protest
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
The Struggle Over Term Limits in Africa: A New Look at the Evidence
There is strong empirical evidence to support the correlation between effective term limits and the quality of democracy.
April 2016, Volume 27, Issue 2
Burma Votes for Change: The New Configuration of Power
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
After the Arab Spring: The Islamists’ Compromise in Tunisia
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
Hong Kong’s Umbrella Movement: Beijing’s Broken Promises
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
How Indonesia Won a Constitution
A review of Constitutional Change and Democracy in Indonesia by Donald L. Horowitz.
January 2014, Volume 25, Issue 1
What Can Constitutions Do? The Afghan Case
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
Hungary’s Illiberal Turn: Disabling the Constitution
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
Hungary’s Illiberal Turn: Can Outsiders Help?
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
Tunisia’s Transition and the Twin Tolerations
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: Outfoxing the Opposition
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
Turkey Under the AKP: Are Civil Liberties Safe?
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 amendments—the country is bitterly divided…
July 2011, Volume 22, Issue 3
Kyrgyzstan’s Latest Revolution
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
Kenya’s New Constitution
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
Constraining Government Power in Africa
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
Ukraine: The Uses of Divided Power
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
Democracy and Deep Divides
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’s Constitutional Breakdown
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
Georgia’s Year of Turmoil
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
The Remarkable Story of Somaliland
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
Ecuador: Correa’s Plebiscitary Presidency
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
Latin America’s Indigenous Peoples
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
Constitutional Courts: A Primer for Decision Makers
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
Getting to Arab Democracy: Lebanon Springs Forward
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
Iran’s Peculiar Election: What Should “We” Do Now?
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
A Fresh Look at Semipresidentialism: Variations on a Theme
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
A Fresh Look at Semipresidentialism: The Russian Predicament
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
Challenge and Change in East Asia: Constitutionalism on Trial in South Korea
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
Challenge and Change in East Asia: Facing the Perils of Presidentialism
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
Building Democracy After Conflict: Constitutional Medicine
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
Crafting a Constitution for Afghanistan
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
The Perils of Identity Politics
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
Constitution-Making After Conflict: Lessons for Iraq
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
Constitutional Design for Divided Societies
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
Iraq: Setbacks, Advances, Prospects
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 30th Anniversary Freedom House Survey: Modern Democracy as a System of Separations
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 Deadlock in Iran: Constitutional Constraints
The vast obstacles to democratic reformism include basic provisions in the Constitution of the Islamic Republic itself.
January 2003, Volume 14, Issue 1
Turbulence and Reform in Papua New Guinea
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
Democracy Under Stress in Thaksin’s Thailand
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
A New Look at Federalism: Italy Decentralizes
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
Religion, Democracy, and the “Twin Tolerations”
Are all, or only some, of the world’s religious systems politically compatible with democracy?
October 2000, Volume 11, Issue 4
Is Iran Democratizing?
The Editors’ introduction to “Is Iran Democratizing?”
October 2000, Volume 11, Issue 4
Is Iran Democratizing? Reform at an Impasse
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
Electoral Reform and Stability in Uruguay
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.
January 2000, Volume 11, Issue 1
Mores and Democracy in Latin America
October 1999, Volume 10, Issue 4
Federalism and Democracy: Beyond the U.S. Model
July 1999, Volume 10, Issue 3
A New Jurisprudence for Africa
October 1998, Volume 9, Issue 4
Judicial Review and the Arab World
October 1998, Volume 9, Issue 4
Eastern Europe’s Constitutional Courts
April 1998, Volume 9, Issue 2
African Ambiguities: The Rebirth of African Liberalism
April 1998, Volume 9, Issue 2
African Ambiguities: Kenya Tries Again
April 1998, Volume 9, Issue 2
African Ambiguities: The Gambia—From Coup to Elections
April 1998, Volume 9, Issue 2
Elite Settlements in Taiwan
April 1998, Volume 9, Issue 2
Creating a Constitution for Eritrea
October 1997, Volume 8, Issue 4
Bulgaria’s Symphony of Hope
January 1997, Volume 8, Issue 1
Federalism and Constitutional Design
January 1997, Volume 8, Issue 1
Pakistan’s Enduring Experiment
October 1996, Volume 7, Issue 4
China’s Constitutionalist Option
October 1996, Volume 7, Issue 4
Burma’s Uneven Struggle
July 1996, Volume 7, Issue 3
Crafting Constitutions
A review of Comparative Constitutional Engineering: An Inquiry into Structures, Incentives and Outcomes, by Giovanni Sartori.
July 1995, Volume 6, Issue 3
The Western Allies 50 Years Later: Britain—Stirrings of Change
April 1995, Volume 6, Issue 2
Reexamining Russia: Institutions and Incentives
April 1995, Volume 6, Issue 2
The Post-Totalitarian Blues
April 1995, Volume 6, Issue 2
Strategies and Outcomes in Eastern Europe
April 1995, Volume 6, Issue 2
Constitutional Engineering in Southern Africa
April 1994, Volume 5, Issue 2
Broken Promises: Hong Kong Faces 1997
April 1994, Volume 5, Issue 2
New Institutions in the Old East Bloc
January 1994, Volume 5, Issue 1
The Axis Powers 50 Years Later: Italy—The Twilight of the Parties
January 1994, Volume 5, Issue 1
The Return of Party Politics in Nepal
October 1993, Volume 4, Issue 4
The Challenges of Ethnic Conflict: The Travails of Federalism in Nigeria
October 1993, Volume 4, Issue 4
The Challenge of Ethnic Conflict: Canada—From Bilingualism to Multiculturalism
October 1993, Volume 4, Issue 4
The UN and the Cambodian Transition
April 1993, Volume 4, Issue 2
The Morass in Moscow: Boris Yeltsin and Russia’s Four Crises
January 1992, Volume 3, Issue 1
The Role of Interim Governments
Fall 1991, Volume 2, Issue 4
Political Corruption: Thailand’s Search for Accountability
Spring 1991, Volume 2, Issue 2
Russia’s New Constitution
Fall 1990, Volume 1, Issue 4
South Africa’s Future: Symposium—National Party
Fall 1990, Volume 1, Issue 4
South Africa’s Future: Symposium—Democratic Party
Fall 1990, Volume 1, Issue 4