The Political Economy of the Constitutional Right to Asylum
In: Cornell Law Review, Band 102
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In: Cornell Law Review, Band 102
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In: Virginia Journal of International Law, Forthcoming
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Working paper
In: American political science review, Band 110, Heft 4, S. 657-674
ISSN: 1537-5943
T his article highlights a gap between a great deal of constitutional theory and a great deal of the practice of democratic constitution-making. Drawing on data from democratic national and state constitutions, we challenge the consensus among constitutional theorists that a central purpose of constitutionalism is the entrenchment (the fortification against future change) of broad principles. The empirical reality is that the majority of democratic constitutions today are subject to frequent revision, and are therefore ill-equipped to facilitate the entrenchment of their contents. To explore the logic of these unentrenched documents, we identify the historical periods in which different geographic regions moved away from highly entrenched constitutions, and we examine the political contexts of these transformations. We find that, in each context, constitution-makers were attempting to limit the discretion of constitutional interpreters and implementers by drafting highly specific texts and by updating them in response to continually changing circumstances.
In: American political science review, Band 110, Heft 4, S. 657-674
ISSN: 0003-0554
World Affairs Online
In: American Political Science Review (Forthcoming)
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In: American journal of international law: AJIL, Band 111, Heft 2, S. 538-544
ISSN: 2161-7953
In: University of Chicago Law Review, Forthcoming
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In: Wayne Sandholtz & Christopher A. Whytock (eds), Handbook on the Politics of International Law (Edward Elgar, 2016), Forthcoming
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In: American journal of political science: AJPS, Band 60, Heft 3, S. 575-589
ISSN: 0092-5853
In: Research & politics: R&P, Band 3, Heft 1, S. 205316801663641
ISSN: 2053-1680
The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.
In: Virginia Law and Economics Research Paper No. 2016-20
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In: Virginia Law and Economics Research Paper No. 22
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