Open Access. Powered by Scholars. Published by Universities.®

Comparative Politics Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Constitutional Design

Articles 1 - 2 of 2

Full-Text Articles in Comparative Politics

Does The Constitutional Process Matter?, Zachary Elkins Dec 2008

Does The Constitutional Process Matter?, Zachary Elkins

Zachary Elkins

Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain from the constitutional outcome should be involved in the process. The second has to do with the merits of public involvement in the process. Both of these concerns have clear normative implications …


Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg Dec 2008

Ancillary Powers Of Constitutional Courts, Zachary Elkins, Tom Ginsburg

Zachary Elkins

No abstract provided.