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Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Tom Ginsburg
Abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests on the fact that the Supreme Court has no power to interpret the Constitution. The formal body with interpretive power, the Standing Committee of the National People’s Congress, has never issued an official interpretation. Despite this apparent lack of enforcement, we argue that China’s Constitution indeed plays an increasingly important role within the party-state. It does through not through the courts but through the legislative process, in which formal requirements of constitutional review …
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
Tom Ginsburg
No abstract provided.
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins
Tom Ginsburg
Abstract: This article examines the adoption of rights in national constitutions in the post-WWII period in light of claims of global convergence. Using a new comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights, in which some rights have become more popular while the prevalence of others has remained relatively flat. We show that a very important mechanism for convergence has been the international bill of rights, which has had a powerful coordinating effect on the rights adopted by national constitution-makers. In particular, we show that ratification of the International …
The Judicialization Of Administrative Governance: Causes, Consequences And Limits, Tom Ginsburg
The Judicialization Of Administrative Governance: Causes, Consequences And Limits, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg
Administrative Law And The Judicial Control Of Agents In Authoritarian Regimes, Tom Ginsburg
Tom Ginsburg
No abstract provided.