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 "International law"

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    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.
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    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 Abrahamson
    This 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.
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