Constitution Digest: October 21, 2016

Constitution Digest

News and announcements from the Comparative Constitutions Project

October 21, 2016

Convictions of South Korean conscientious objectors overturned. Citing the constitutional guarantees of religious and personal conscience, a South Korean appeals court vacated the convictions of two conscientious objectors on Tuesday. In the next few months, the Constitutional Court is expected to review the law that criminalizes conscientious objection, which mandates up to two years of prison for anyone who refuses to serve in the military.

Brexit vote considered in Britain’s High Court. Arguing that the UK’s Brexit vote was merely advisory, litigants at the Royal Courts of Justice claimed this week that parliamentary approval is required for Britain to leave the European Union. At issue is whether the Prime Minister can unilaterally give effect to the will of the people, or whether the legislative instruments of Britain’s EU membership can only be unraveled with the consent of Parliament.

Colombian ceasefire extended while peace treaty negotiations continue. Following Colombian voters’ rejection of a peace treaty with FARC rebels, President Juan Manuel Santos extended a ceasefire with the FARC through Dec. 31 while the government works toward a new agreement. The right-wing opposition, which played a role in the treaty’s defeat, asserts that any long-term peace treaty with the FARC needs to allow for the prosecution of war criminals.

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