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Articles 1 - 17 of 17
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 …
Beyond Presidentialism And Parliamentarism, Tom Ginsburg, Jose Cheibub, Zachary Elkins
Beyond Presidentialism And Parliamentarism, Tom Ginsburg, Jose Cheibub, Zachary Elkins
Tom Ginsburg
No abstract provided.
When To Overthrow Your Government: The Right To Resist In The World’S Constitutions, Tom Ginsburg, Daniel Lansberg-Rodrigues, Mila Versteeg
When To Overthrow Your Government: The Right To Resist In The World’S Constitutions, Tom Ginsburg, Daniel Lansberg-Rodrigues, Mila Versteeg
Tom Ginsburg
On December 17 2010, a young Tunisian street vendor protesting an abusive police official set off a wave of democratic uprisings throughout the Arab world. In rising up against their governments, the peoples of the Arab Spring were confronting an age-old problem in political theory: when is it acceptable to rise up against an unjust authority? This question is not only of great importance to the peoples of the Middle East today, but was also of profound interest to the American founders and, through them, has informed the very basis of modern constitutionalism. It is perhaps unsurprising then that many …
Comments On Law And Versteeg’S The Declining Influence Of The United States Constitution, Tom Ginsburg, Zachary Elkins, James Melton
Comments On Law And Versteeg’S The Declining Influence Of The United States Constitution, Tom Ginsburg, Zachary Elkins, James Melton
Tom Ginsburg
No abstract provided.
The Constitutional Court And The Judicialization Of Korean Politics, Tom Ginsburg
The Constitutional Court And The Judicialization Of Korean Politics, Tom Ginsburg
Tom Ginsburg
The Constitutional Court of Korea recently celebrated its 20th anniversary, and has become one of the most respected institutions in Korean society. It is also one of the most important constitutional courts in the world. This book chapter describes the court and some of its important cases, while tracing the sources of its success.
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Subconstitutionalism, Tom Ginsburg, Eric A. Posner
Does The Process Of Constitution-Making Matter?, Tom Ginsburg, Zachary Elkins, Justin Blount
Does The Process Of Constitution-Making Matter?, Tom Ginsburg, Zachary Elkins, Justin Blount
Tom Ginsburg
No abstract provided.
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
No abstract provided.
Military Occupations And Their Constitutional Residue, Tom Ginsburg, Zachary Elkins, James Melton
Military Occupations And Their Constitutional Residue, Tom Ginsburg, Zachary Elkins, James Melton
Tom Ginsburg
No abstract provided.
Citizen As Founder: Public Participation In Constitutional Approval, Tom Ginsburg, Justin Blount, Zachary Elkins
Citizen As Founder: Public Participation In Constitutional Approval, Tom Ginsburg, Justin Blount, Zachary Elkins
Tom Ginsburg
Public involvement in constitution making is increasingly considered to be essential for the legitimacy and effectiveness of the process. It is also becoming more widespread, spurred on by constitutional advisors and the international community. Yet we have remarkably little empirical evidence of the impact of participation on outcomes. This essay examines hypotheses on the effect of one aspect of public participation in the constitution-making process -ratification- and surveys available evidence. We find some limited support for the optimistic view about the impact of ratification on legitimacy, conflict, and constitutional endurance.
The Global Spread Of Constitutional Review, Tom Ginsburg
The Global Spread Of Constitutional Review, Tom Ginsburg
Tom Ginsburg
No abstract provided.