Suchergebnisse

Introduction : The First-Period Problem of Constitutional Implementation / Tom Ginsburg and Aziz Z. Huq -- Looking "Backward" or "Forward" to American Constitutional Development : -- Reflections on Constitutional "Endurance" and "Adaptation" in the "First Republic" / Sanford Levinson -- Marking Constitutional Transitions : The Law and Politics of Constitutional -- Implementation in South Africa / Rosalind Dixon and Theunis Roux -- India's First Period : Constitutional Doctrine and Constitutional Stability / -- Madhav Khosla -- Two Steps "Forward", One Step "Back"? : Transformation and Correction in the Implementation of Ecuador's 2008 Constitution / Eric Alston -- The Long Road Ahead : The First Period of a Gender-Responsive Constitution in Zimbabwe / Claudia Flores -- Constitutional Reform and Women's Political Participation : Electoral Gender -- Quotas in Post-Arab Spring Egypt, Tunisia, and Jordan / Susan H. Williams -- Explaining the Institutional Role of the Colombian Constitutional Court / -- Diego González -- Implementing a New Constitution in a Competitive Authoritarian Context : The Case of Kenya / James Thuo Gathii -- Transformational Authoritarian Constitutions : The Case of Chile / -- Tom Ginsburg -- Authoritarian Straitjacket or Vehicle for Democratic Transition? : The Risky -- Struggle to Change Myanmar's Constitution / Melissa Crouch -- The Ethiopian Constitution and Ethnic Federalism / Daniel Abebe

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances

In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and development issues in middle-income countries from the perspective of political, administrative, and legal institutions and policies. The goal is to provide international development agencies and domestic policy makers with feasible recommendations to address the wide range of technically, politically, and socially complex issues that middle-income countries face.

AbstractHow does a democracy that has survived a close brush with authoritarianism start to recreate conditions of meaningful democratic political competition? What steps are to be taken, and in what order? Certain lessons can be gleaned from comparative experience with the challenges of "front-sliding"—that is, the process of rebuilding the necessary political, legal, epistemic, and sociological components of democracy. This essay maps out those challenges, examines the distinctive and difficult question of punishing individuals who have been drivers of democratic backsliding, and reflects on how to sequence different elements of front-sliding.

Background: There is a long scholarly debate on the trade-off between research and teaching in various fields, but relatively little study of the phenomenon in law. This analysis examines the relationship between the two core academic activities at one particular school, the University of Chicago Law School, which is considered one of the most productive in legal academia. Method: We measure of scholarly productivity with the total number of publications by each professor for each year, and we approximate performance in teaching with course loads and average scores in student evaluations for each course. In OLS regressions, we estimate scholarly output as a function of teaching loads, faculty characteristics, and other controls. We also estimate teaching evaluation scores as a function of scholarly productivity, fixed effects for years and course subject, and faculty characteristics. Result: Net of other factors, we find that, under some specifications, research and teaching are positively correlated. In particular, we find that students' perceptions of teaching quality rises, but at a decreasing rate, with the total amount of scholarship. We also find that certain personal characteristics correlate with productivity. Conclusion: The recent debate on the mission of American law schools has hinged on the assumption that a trade-off exists between teaching and research, and this article's analysis, although limited in various ways, casts some doubt on that assumption.

Evidentiary rules employed in judicial proceedings are not strictly applied in international arbitration. Although this flexibility with regard to evidentiary matters is often considered a benefit of international arbitration, in certain situations it can lead to unpredictability and conflicts with national law. One such area is the application of evidentiary and testimonial privileges in international arbitration.1 There is very little authority addressing how international arbitrators should proceed when presented with a claim of privilege.