CONSTITUTIONALISM Definition Generally, questions of constitutionalism— ideas, institutions, rights, review and limitations on governmental powers— are addressed in terms of the United States Constitution (the “U.S. Constitution”) and the American idea of rights. A constitution serves to protect human rights by establishing the necessary implementation and review procedures. A constitution, fundamental or supreme law, is […]

“The [1940] Constitution is understood to be the basic and supreme law of the land—to define the country’s political structure, regulate the functioning of government agencies and determine the boundaries of their activities. It must be sui generis, stable, enduring—and to a certain extent inflexible.”— Fidel Castro (October 16, 1953) On January 1, 1959, following […]

Over the past seven years, the world has witnessed the transformation of a number of communist-controlled countries into democratic regimes. Among the myriad of expectations and questions arising from this trend is the resolution of the status of confiscated private property by the formerly communist governments. By analyzing the treatment of former owners by the […]

Notes[ref]The comments of Jorge Pérez-López and René Costales on an earlier draft of this paper are gratefully acknowledged.[/ref] Upon assuming power in 1959, Fidel Castro’s revolutionary government began to implement an aggressive national reforestation program. In large measure this program responded to a grave national concern given the country’s deforestation trend, but also dovetailed with […]