Oregon Review of International Law : Volume 20, Number 1 (2018)
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Browsing Oregon Review of International Law : Volume 20, Number 1 (2018) by Subject "Constitutional law"
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Item Open Access Forty Years from Fascism: Democratic Constitutionalism and the Spanish Model of National Transformation(University of Oregon School of Law, 2019-02-14) Christiansen, Eric C.This Article seeks to understand and evaluate core elements of the past promise and present reality of Spain’s transformation from Francoist dictatorship to modern European democracy. It does this by investigating the role of the 1978 Constitution and the distinctive Spanish Model of relatively peaceful constitutional transformation in facilitating the key legal elements of Spain’s transition to democracy.Item Open Access Operation Restore Legacy Renders Southern African Development Community (SADC) Constitutionalism Suspect in the Coup d’État That Was Not a Coup(University of Oregon School of Law, 2019-02-14) Chigara, Benedict AbrahamsonThis Article examines the SADC constitutional norm on the absolute prohibition of unconstitutional takeover of power in light of the 2017 change of power in Zimbabwe. That year, the country underwent a correction of governance from a Mugabe-contrived family dynasty to sovereign control of Zimbabwe’s peoples. This Article recommends the urgent development by the SADC of a parallel constitutional normative structure requiring the absolute sanctity of the national assembly ballot as a precondition to implementation of the absolute prohibition of unconstitutional takeover of power. The new norm should also have a similar, if not stronger, monitoring and enforcement mechanism.Item Open Access What Happens When an Island Starts to Drown Under Its Own Weight? The Debt Crisis of Puerto Rico(University of Oregon School of Law, 2019-02-14) Leblanc, EmilyHurricanes, floods, and earthquakes are recent natural disasters to have hit the Commonwealth of Puerto Rico. Compounding these natural disasters is one that is man-made: the Puerto Rican debt crisis. Current estimates are that Puerto Rico owes more than $73 billion to its bondholders. How did this happen? This Comment is an examination of the legislation designed to help Puerto Rico restructure its finances and reorganize and/or discharge its debt.