Austrian presidential re-vote ordered

This is quite a big deal. One of the closest presidential elections anywhere, anytime will have to be re-run, due to irregularities. The Constitutional Court so ordered today.

How many other cases are there of re-votes of an entire national election in established democracies? I am unable to think of one.

(I should note that “entire” here means of the second round, thus with just the two candidates.)

Canadian Senate being debated in Supreme Court

Via CBC:

Prime Minister Stephen Harper’s government has asked the Supreme Court of Canada to advise whether it can proceed unilaterally to impose term limits on senators and create a process for electing them.

The government contends that some such reforms can be imposed by the central government, citing the imposition of a retirement age for senators in 1965. However, the government’s question also considers the question of possible abolition of the senate. Here the question is whether unanimous consent of the provinces would be required, or whether the “750 formula” must be adhered to. The latter means seven provinces, accounting for half the national population.

Ayodhya ruling

A big, much anticipated, judicial ruling was handed down in India earlier today in the Ayodhya dispute. From the Hindustan Times:

The Allahabad High Court (HC) took the first step on Thursday towards the resolution of the 60-year-old Babri Masjid-Ram Janmabhoomi ownership dispute — by including all the warring parties in the process.

The HC gave its stamp of judicial approval to the Hindu belief that Lord Ram was indeed born there. The court also ruled by a majority verdict that the disputed 120 feet by 90 feet plot land be divided into three equal parts among three petitioners — Sunni Wakf Board, Nirmohi Akhara and the party representing Ram Lalla.

This also means that the court’s three-way split of the plot to the petitioners — even after dismissing their cases — has kept the window open for further talks. […]

The court said the area under the central dome of the three-domed structure, where Lord Ram’s idol existed [and is presently kept in a makeshift temple at the same place], belonged to Ram Lala Virajman (the Ram deity). [Ed. note: previous brackets were in original]

The case is likely to remain unsettled for years if there is an appeal (as expected) to the Supreme Court. In the meantime, there are already political reverberations in Bihar, one of India’s largest states and one where voting begins in state assembly elections later this month.

The Ayodhya issue–specifically the 1992 destruction by militant Hindu nationalists of a Mosque built in Moghul times on the site Hindus claim as holy–was one that helped propel India’s main opposition party, the BJP, to prominence. One of the BJP’s partners in the National Democratic Alliance (which governed India from the late 1990s until 2004) is the JD(U), a party in Bihar that needs Muslim votes.

Great news for Colombian democracy!

The Constitutional Court of Colombia has blocked the planned referendum that would have opened the path to President Alvaro Uribe running for a third term.

This is a major benchmark (so to speak) in the maturity and institutionalization of Colombian democracy. I had long thought the third term ultimately would not happen, but my confidence in that expectation had been badly shaken as the process came this close to permitting the referendum.

The new president will be elected in May (or June, if a runoff is needed). Congress is elected in March, and there will be campaigns for various parties’ presidential candidacies, some of which will be decided in primaries concurrent with the legislative elections.

Much more at PoliBlog (Steven is leaving for some field research in Colombia rather soon; great timing, Steven!).

The Honduran Supreme Court case

Greg Weeks notes that documents pertaining to the case against the Honduran President have finally been posted on line.

Supporting suppositions I have articulated here since the military coup, Greg notes that nowhere in the documents does he find any accusation regarding an intent by Zelaya to seek reelection.

And there is the laughable claim that the court had to order the military to detain Zelaya because he was a threat to flee!

Much more at the link above, as well as an earlier post at Two Weeks Notice.

So, it is OK for a “majority” to take away rights

Shame on the California Supreme Court for, by a 6-1 vote, caving. This ruling was entirely expected, of course. It was probably even constitutionally correct, which only reinforces the need we have been discussing for an entirely new constitution.

While the argument that the reversal of a Court-granted right contained in Proposition 8 amounted to a a “revision” rather than an amendment to the constitution always seemed a stretch, its failure to convince the Court reveals the deeper problem: under what model of “good government” can a majority of voters (which might be a quarter or so of registered voters) trump the highest court of the jurisdiction when the issue at hand involves the rights of minority groups?*

There was a time when this state had a reasonably well deserved reputation as progressive. Now it has fallen behind various New England states and Iowa in the most important civil rights issue of the 21st century so far. Indeed, although the Court claims that those marriages performed in the brief era between the first Court ruling and Prop. 8 remain legal, in fact they have been placed in an illogical second-class, and hence potentially vulnerable, position.

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* Whereas it takes a two-thirds vote of the legislature to pass a budget.