On National Courts, European Law and Constitutions: Dialogue and Conflict

Books reviewed in this article:
A.-M. Slaughter, A. Stone Sweet, J.H.H. Weiler (eds), Legal Change in Its Social Context     

Irony of Citizenship: Descent,National Belonging,and Constitutions in the Postcolonial African State

In 2010, like many African countries since the 1990s, Kenya passed a new constitution. This constitution aimed to get rid of many past issues including the definition of citizenship. Globally, two general principles govern the acquisition of citizenship, descent from a citizen (jus sanguinis), and the fact of birth within a state territory (jus soli). In contrast to the prior Constitution that required both descent from Kenyan parents and birth in Kenya, the 2010 Constitution adopted a rule of citizenship by descent alone (jus sanguinis) from either parent. However, today Kenya is faced with a conundrum first articulated by Aristotle: how do you understand and operationalize citizenship by descent in a new state, or in the case of Kenya, one that has only just turned fifty? The crux of this conundrum is determining the basis of the citizenship of parents who precede the polity and therefore what they can transfer to their children. Understanding that articulations of citizenship are also systems of exclusion, this paper asks who can and cannot be a Kenyan citizen and why? What are the unintended consequences of efforts to escape Aristotle's conundrum?     

现代宪法解释理论的发展趋势——“现行宪法理解:理论、规则与程序”学术研讨会综述

2002年9月14日,由中国人民大学宪政与行政法治研究中心举办的“现代宪法解释:理论、规则与程序”在中国人民大学法学院隆重举行.会议就宪法解释基本范畴、宪法解释功能、宪法解释程序以及国外宪法解释理论研究的新动态等问题进行了专题研究……