Assessing Constitutional Performance by Tom Ginsburg, Aziz Huq

By Tom Ginsburg, Aziz Huq

From London to Libya, from Istanbul to Iceland, there's nice curiosity between comparative constitutional students and practitioners approximately while a proposed structure is probably going to prevail. yet what does it suggest for a structure to prevail? Are there common standards of good fortune, and which practice around the board? Or, is the alternative of standards solely idiosyncratic? This edited quantity takes at the suggestion of constitutional luck and exhibits the manifold ways that it may be understood. It collects essays from philosophers, political scientists, empiricists and felony students, that procedure the definition of constitutional good fortune from many alternative angles. It additionally brings jointly case reviews from Africa, Europe, Latin the United States, the center East and Asia. by way of exploring a different array of constitutional histories, this e-book indicates how complicated principles of constitutional luck play out otherwise in several contexts and offers examples of the way good fortune will be in a different way outlined less than various situations.

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Pdf 34 Tom Ginsburg and Aziz Z. Huq Gibson, James L. 2014. pdf Ginsburg, Tom. 2003. Judicial Review in New Democracies. New York: Cambridge University Press. Ginsburg, Tom, Zachary Elkins, & James Melton. 2011. ” William and Mary Law Review 52: 1807–1872. Ginsburg, Tom & Alberto Simpser. 2014. ” In Constitutions in Authoritarian Regimes, edited by Tom Ginsburg & Alberto Simpser. New York: Cambridge University Press. Ginsburg, Tom & Aziz Huq. 2014. “What Can Constitutions Do? ” Journal of Democracy 24: 116–130.

To begin with, the 1996 constitution seems to score decently on metrics of legitimacy. Political institutions enjoy moderate rates of legitimacy (Gibson 2014) with scores of both confidence and legitimacy improving over time. Mattes (2007) argues that public attitudes of African respondents are in fact quite complex, and did not conform to either the “unrealistic expectations” or “dashed hopes” of the conventional wisdom. The 1996 constitution has also been reasonably effective in channeling conflict, perhaps better than could have been expected.

The Hollow Hope. Chicago: University of Chicago Press. Schauer, Frederick. 2014. The Force of Law. Cambridge: Harvard University Press. Teachout, Zephyr. 2013. Corruption in America. Cambridge: Harvard University Press. Thorpe, Rebecca. 2014. The American Warfare State: The Domestic Politics of Military Spending. Chicago: University of Chicago Press. Tushnet, Mark. 2014. ” In Constitutions in Authoritarian Regimes, edited by Tom Ginsburg & Alberto Simpser. New York: Cambridge University Press. part i defining constitutional performance 2 Hippocratic constitutional design Aziz Z.

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