The Role of Regional Organizations in the Protection of Constitutionalism

85
This publication is only available in electronic format
Published: 
24 August 2016
Language: 
English
Pages: 
64
Author(s): 
Micha Wiebusch

This Discussion Paper compares how three regional organizations—the African Union, the European Union and the Organization of American States—protect constitutionalism in their member states.

It focuses on the types of measures to protect constitutionalism in cases of fundamental threats to and violations of the constitutional order, rather than on the mechanisms to promote constitutional governance.

The author argues that regional organizations should move beyond policies that target only the most blatant violations of the constitutional order, namely unconstitutional changes of government in the form of a classic coup d’état, and increase their focus on more nuanced interruptions of the constitutional order, such as constitutional crises engineered by leaders including the adoption of (un)constitutional measures to undermine the constitutional order or through a gradual process to erode the integrity of a constitutional regime.

The paper analyses the law, policy and practice of these three organizations to outline policy-relevant conclusions, good practices and common limitations.

Contents

Acknowledgements

Abbreviations

Executive summary

Key recommendations

1. Introduction

2. Law, policy and practice in the African Union

3. Law, policy and practice in the European Union

4. Law, policy and practice in the Organization of American States

5. Conclusion

6. Recommendations

References

About the author

About International IDEA

More International IDEA Discussion Papers

Related News

Nov
02
2017
Cheryl Saunders responds to questions from staff from the Union Attorney General’s Office. Photo credit: Annamari Salonen.

Cheryl Saunders responds to questions from staff from the Union Attorney General’s Office. Photo credit: Annamari Salonen.

News Article
Oct
24
2017
Daniel Zovatto (second from left) during his presentation; to his right Margarita López Maya of the UCV: to his left, Rafael Fernández de Castro of ITAM; Sarah Chayez of the Carnegie Endowment for International Peace, and Arturo Valenzuela of the Covington and Burling. Photo credit: International IDEA.

International IDEA´s Regional Director for Latin America and the Caribbean,​ Daniel Zovatto, (second from left) during his presentation; to his right Margarita López Maya of the UCV: to his left, Rafael Fernández de Castro of ITAM; Sarah Chayez of the Carnegie Endowment for International Peace, and Arturo Valenzuela of the Covington and Burling. Photo credit: International IDEA.

News Article