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Full-Text Articles in Law
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
We like to think that constitutions are expressions of distinctly national values, speaking for “We the People.” This is especially true of constitutional preambles, which often recount distinct events from national history and speak to national values. This article challenges this popular view by demonstrating the global influences on constitutional preambles. It does so using a new set of tools in linguistic and textual analysis, applied to a database of most constitutional preambles written since 1789. Arguing that legal language can be analogized to memes or genetic material, we analyze “horizontal” transfer of language across countries and “vertical” transfers within …
What Can Constitutions Do?: The Afghan Case, Tom Ginsburg, Aziz Huq
What Can Constitutions Do?: The Afghan Case, Tom Ginsburg, Aziz Huq
Tom Ginsburg
No abstract provided.
Fruit Of The Poisoned Vine? Some Comparative Observations On Chile’S Constitution, Tom Ginsburg
Fruit Of The Poisoned Vine? Some Comparative Observations On Chile’S Constitution, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton
Does De Jure Independence Really Matter?: A Reevaluation Of Explanations For Judicial Independence, Tom Ginsburg, James Melton
Tom Ginsburg
The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the formal rules governing the structure of the judiciary and de facto judicial independence, while others find a tight correlation. This article sets out to reassess the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. De jure institutional protections, we argue, do not work in isolation but work conjunctively, so that particular combinations of protections are more likely to be effective than others. We find …
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Tom Ginsburg
Constitutional Islamization And Human Rights: The Surprising Origin And Spread Of Islamic Supremacy In Constitutions, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Chaining The Dog Of War: Comparative Data, Tom Ginsburg
Chaining The Dog Of War: Comparative Data, Tom Ginsburg
Tom Ginsburg
A central function of constitutions is to address issues of international relations, especially questions of war and peace. This Article describes trends across time and space in the treatment of questions of war. It shows that constitutions continue to allocate the power of declaring war, even though such declarations have become meaningless in international law. There is also a trend toward specifying legislative involvement in approving the actions of commanders-in-chief. The assignment of war powers seems to be driven by copying from neighboring countries and a country’s own previous constitutional history. In closing, the final section of this Article speculates …