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The Cultural Evolution of National Constitutions
SSRN
Working paper
On the interpretability of law: lessons from the decoding of national constitutions
In: British journal of political science, Band 43, Heft 2, S. 399-423
ISSN: 0007-1234
An implicit element of many theories of constitutional enforcement is the degree to which those subject to constitutional law can agree on what its provisions mean (call this constitutional interpretability). Unfortunately, there is little evidence on baseline levels of constitutional interpretability or the variance therein. This article seeks to fill this gap in the literature, by assessing the effect of contextual, textual and interpreter characteristics on the interpretability of constitutional documents. Constitutions are found to vary in their degree of interpretability. Surprisingly, however, the most important determinants of variance are not contextual (for example, era, language or culture), but textual. This result emphasizes the important role that constitutional drafters play in the implementation of their product. (British Journal of Political Science/ FUB)
World Affairs Online
Comparative judicial review
In: Research handbooks in comparative constitutional law
World Affairs Online
Constitute: The world's constitutions to read, search, and compare
Constitutional design and redesign is constant. Over the last 200 years, countries have replaced their constitutions an average of every 19 years and some have amended them almost yearly. A basic problem in the drafting of these documents is the search and analysis of model text deployed in other jurisdictions. Traditionally, this process has been ad hoc and the results suboptimal. As a result, drafters generally lack systematic information about the institutional options and choices available to them. In order to address this informational need, the investigators developed a web application, Constitute [online at http://www.constituteproject.org], with the use of semantic technologies. Constitute provides searchable access to the world's constitutions using the conceptualization, texts, and data developed by the Comparative Constitutions Project. An OWL ontology represents 330 ''topics'' – e.g. right to health – with which the investigators have tagged relevant provisions of nearly all constitutions in force as of September of 2013. The tagged texts were then converted to an RDF representation using R2RML mappings and Capsenta's Ultrawrap. The portal implements semantic search features to allow constitutional drafters to read, search, and compare the world's constitutions. The goal of the project is to improve the efficiency and systemization of constitutional design and, thus, to support the independence and self-reliance of constitutional drafters. ; Government
BASE
Constitute: The World's Constitutions to Read, Search, and Compare
In: Journal of Web Semantics First Look
SSRN
Working paper
Roundtable: healing and reimagining constitutional (liberal) democracy
In: Ethics & international affairs, Band 36, Heft 4, S. 409-504
ISSN: 1747-7093
World Affairs Online
El constitucionalismo en el continente americano
In: Colección Justicia y conflicto
Which Constitutional Provisions are Most Important?
In: UNSW Law Research
SSRN
Special section: judicializing international relations
In: International studies quarterly: the journal of the International Studies Association, Band 63, Heft 3, S. 449-530
ISSN: 1468-2478
World Affairs Online