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Articles 1 - 8 of 8
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
No abstract provided.
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard Mcadams
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard Mcadams
Tom Ginsburg
The recent wave of behavioral economics has led some theorists to advocate the possibility of “libertarian paternalism,” in which regulators designing institutions permit significant individual choice but nonetheless use default rules to “nudge” cognitively biased individuals toward particular salutary choices. In this article, we add the possibility of a different kind of nudge: temporary law. Temporary law is less intrusive than permanent regulation, and is particularly attractive in situations in which we believe that path dependence has produced the status quo. We illustrate the argument with the example of smoking bans, and provide an empirical case study of an actual …
Constitutionalism: East Asian Antecedents, Tom Ginsburg
Constitutionalism: East Asian Antecedents, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons
Tom Ginsburg
This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal. We show that international rights documents, starting with the Universal Declaration of Human Rights, have shaped the rights menu of national constitutions in powerful ways. These covenants appear to coordinate the behavior of domestic drafters, whether or not …
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.
Why Do Countries Adopt Constitutional Review?, Tom Ginsburg, Mila Versteeg
Why Do Countries Adopt Constitutional Review?, Tom Ginsburg, Mila Versteeg
Tom Ginsburg
The past few decades have witnessed a sweeping trend toward constitutional review. This movement is arguably one of the most important phenomena in late twentieth and early twenty-first century government. Yet the trend poses important puzzles of political economy: Why would self-interested governments willingly constrain themselves by constitutional means? What explains the global move towards judicial supremacy? Though different theories have been proposed, none have been systematically tested against each other using quantitative empirical methods. In this paper we rely on a unique new dataset on constitutional review for 204 countries for the period 1781-2011 to test various theories that …
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 …
The Judicialization Of Japanese Politics?, Tom Ginsburg, Tokujin Matsudaira
The Judicialization Of Japanese Politics?, Tom Ginsburg, Tokujin Matsudaira
Tom Ginsburg
No abstract provided.