Constitutional Courts' Limited Impact on the Protection of Constitutional Rights
In: University of Chicago Law Review, Forthcoming
59 Ergebnisse
Sortierung:
In: University of Chicago Law Review, Forthcoming
SSRN
In: Wayne Sandholtz & Christopher A. Whytock (eds), Handbook on the Politics of International Law (Edward Elgar, 2016), Forthcoming
SSRN
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
SSRN
In: Virginia Law and Economics Research Paper No. 22
SSRN
In: American journal of political science, Band 60, Heft 3, S. 575-589
ISSN: 1540-5907
Although the question of whether constitutional rights matter is of great theoretical and practical importance, little is known about whether constitutional rights impact government behavior. In this article, we test the effectiveness of six political rights. We hypothesize that a difference exists between organizational rights—most notably, the rights to unionize and form political parties—and individual rights. Specifically, we suggest that organizational rights increase de facto rights protection because they create organizations with the incentives and means to protect the underlying right, which renders these rights self‐enforcing. Such organizations are not necessarily present to protect individual rights, which could make individual rights less effective. We test our theory using a variety of statistical methods on a data set of constitutional rights for 186 countries. The results support our theory: Organizational rights are associated with increased de facto rights protection, while individual rights are not.
In: American journal of international law: AJIL, Band 109, Heft 3, S. 514-533
ISSN: 2161-7953
International legal scholars have long recognized the importance of the rules and processes by which states adhere to international legal obligations and "translate" them into their domestic legal systems. Research by political scientists on specific issue areas likewise increasingly recognizes that domestic implementation is crucial to international law compliance and effectiveness. Yet the lack of systematic data makes it difficult to assemble an overall picture of the relationship between international law and domestic law around the world, let alone to document its evolution over time. Recent qualitative surveys of state practice have begun to fill that gap, but provide only a snapshot in time and are limited to relatively few countries. Some quantitative projects cover more countries, but address only a limited number of questions based solely on the text of national constitutions.
In: Journal of Legal Studies, Vol. 44
SSRN
In: Comparative International Law, Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier & Mila Versteeg, eds., Oxford University Press, 2018, pp. 209-230, S. 467
SSRN
In: James D. Wright (editor-in-chief), International Encyclopedia of the Social & Behavioral Sciences, 2nd edition, Vol 4. Oxford: Elsevier. pp. 710–715.
SSRN
In: University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 694
SSRN
Working paper
In: Proceedings of the annual meeting / American Society of International Law, Band 108, S. 376-381
ISSN: 2169-1118
In: Constitutions in Authoritarian Regimes (Tom Ginsburg & Alberto Simpser eds., Cambridge Univ Press, 2014), Forthcoming
SSRN
In: New York University Law Review, Band 87, Heft 3, S. 762-858
SSRN