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Full-Text Articles in Law
Commitment And Diffusion: Why Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Commitment And Diffusion: Why Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Tom Ginsburg
No abstract provided.
Baghdad, Tokyo, Kabul . . . : Constitution-Making In Occupied States, Tom Ginsburg, Zachary Elkins, James Melton
Baghdad, Tokyo, Kabul . . . : Constitution-Making In Occupied States, Tom Ginsburg, Zachary Elkins, James Melton
Tom Ginsburg
We identify and document instances of “occupation constitutions,” those drafted under conditions of foreign military occupation. Not every occupation produces a constitution, and it appears that certain occupying powers have a greater propensity to encourage or force a constitution-writing process. We anticipate ex ante that occupation constitutions should be less enduring, and provide some supportive evidence to this effect. Some occupation constitutions do endure, however, and we conduct a case study of the Japanese Constitution of 1946. We argue that it had a self-enforcing quality that has allowed it to endure un-amended for over six decades. Unlike conventional understandings of …
Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg
Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg
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.
The Politics Of Transparency In Japanese Administrative Law, Tom Ginsburg
The Politics Of Transparency In Japanese Administrative Law, 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.
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.
Symposium Introduction: Public International Law And Economics, Tom Ginsburg, Christophe Engel, Ann Van Aaken
Symposium Introduction: Public International Law And Economics, Tom Ginsburg, Christophe Engel, Ann Van Aaken
Tom Ginsburg
No abstract provided.
The Global Spread Of Constitutional Review, Tom Ginsburg
The Global Spread Of Constitutional Review, Tom Ginsburg
Tom Ginsburg
No abstract provided.