The External Dimensions of Constitutions
In: Virginia Journal of International Law, Forthcoming
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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: 94 Washington University Law Review 113 (2016)
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In: International review of law and economics, Band 39, S. 1-19
ISSN: 0144-8188
In: 81 University of Chicago Law Review 1641 (2014)
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In: The Social and Political Foundations of Constitutions, D. J. Galligan and M. Versteeg, eds., Cambridge University Press, 2013
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In: 6th Annual Conference for Empirical Legal Studies Paper (2011)
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In: Journal of Law, Economics, and Organization, Forthcoming
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In: Journal of Legal Studies Vol. 41, p.131, 2012
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Working paper
In: Oxford scholarship online
'How Constitutional Rights Matter' explores whether constitutionalizing rights improves respect for those rights in practice. Drawing on global statistical analyses, case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, and survey experiments in Turkey and the United States, this text examines this important topic.
In: Comparative constitutional law and policy
In: Oxford Handbook of Comparative Foreign Relations Law (Curtis A. Bradley ed., 2019, Forthcoming)
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In: American journal of international law: AJIL, Band 111, Heft 2, S. 538-544
ISSN: 2161-7953