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Full-Text Articles in Law
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Tom Ginsburg
Abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests on the fact that the Supreme Court has no power to interpret the Constitution. The formal body with interpretive power, the Standing Committee of the National People’s Congress, has never issued an official interpretation. Despite this apparent lack of enforcement, we argue that China’s Constitution indeed plays an increasingly important role within the party-state. It does through not through the courts but through the legislative process, in which formal requirements of constitutional review …
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.
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.
On The Evasion Of Executive Term Limits, Tom Ginsburg
On The Evasion Of Executive Term Limits, Tom Ginsburg
Tom Ginsburg
Executive term limits are pre-commitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, or sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This article reviews the normative debate over term limits and …
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.
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.