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A Functional Approach to Global Constitutionalism
Dunoff, Jeffrey L.; Trachtman, Joel P. - 2010
Along with discussions of global governance, global administrative law, and fragmentation, international legal scholars and other social scientists have increasingly engaged in debates over the causes and effects of global constitutionalization. These debates often suffer from imprecise and...
Persistent link: https://www.econbiz.de/10014212306
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Democratization and Countermajoritarian Institutions : The Role of Power and Constitutional Design in Self-Enforcing Democracy
Alberts, Susan; Warshaw, Christopher; Weingast, Barry R. - 2015
Most democratic constitutions fail. The estimated half-life of a democratic constitution adopted between 1789 and 2005 … the new constitution is in place. Sustaining democracy involves the reciprocal ability to impose costs on the other group …
Persistent link: https://www.econbiz.de/10014138745
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The Constitution of Economic Liberty in Hong Kong
Ip, Eric C. - 2019
preserved only the form of the territory’s original, British-descended, constitution, not the substance; as witness the …
Persistent link: https://www.econbiz.de/10014103642
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The Comparative Constitutional Compliance Database
Gutmann, Jerg; Metelska-Szaniawska, Katarzyna; Voigt, Stefan - 2022
, whereas military dictatorships perform the worst. Although compliance is not determined by a constitution’s breadth … the constitution achieve higher compliance levels …
Persistent link: https://www.econbiz.de/10013300241
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Constitutions and Order : A Theory and Evidence from Colombia and the United States
Fergusson, Leopoldo; Mejia, Javier; Robinson, James A.; … - National Bureau of Economic Research - 2023
We propose a framework to explain why some societies may end up with different constitutional solutions to the problem of maintaining order in the face of self-interested behavior. Though the salient intellectual tradition since Hobbes has focused on how institutional design is used to eradicate...
Persistent link: https://www.econbiz.de/10014322888
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The Shape of Citizenship : Extraordinary Common Meaning and Constitutional Legitimacy
McNeill, David N.; Tucker, Emily - 2023
those clauses in the US Constitution that refer to fundamental rights and freedoms. This concern with “textualism,” however … the normative foundation of that community.Part Three focuses on the First Amendment of the US Constitution with two aims …
Persistent link: https://www.econbiz.de/10014356659
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The Constitutionality of Prohibiting Caste Discrimination
Krishnamurthi, Guha - 2023
matter they should refrain from unnecessarily disparaging religion. As with other forms of discrimination, our Constitution …
Persistent link: https://www.econbiz.de/10014357380
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The nation-state foundations of constitutional compliance
Grajzl, Peter; Gutmann, Jerg; Voigt, Stefan - 2023
We bring attention to a previously overlooked determinant of de jure-de facto constitutional gaps: a polity's transition to a nation-state. We argue that nation-statehood, predicated on the formation of a strong sense of national identity, lowers the government's incentive to violate...
Persistent link: https://www.econbiz.de/10014427255
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The Neo-Liberal Bias of the EU Constitutional Order : A Critical Analysis, in Research Handbook on the Politics of Constitutional Law (Mark Tushnet, Dimitry Kochenov eds.), Edward...
Bugaric, Bojan - 2023
The EU ‘economic constitution’ systematically biases EU policy making in a neo-liberal direction. Historically speaking … EU economic constitution are significant, we should avoid the naturalization of the EU project. Instead of looking only … European progressives, while in power, failed to leave their lasting and distinct imprint on the EU economic constitution …
Persistent link: https://www.econbiz.de/10014261413
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The Comparative Constitutional Compliance Database
Gutmann, Jerg; Metelska-Szaniawska, Katarzyna; Voigt, Stefan - 2023
This article introduces a novel database that measures governments’ compliance with national constitutions. It combines information on de jure constitutional rules with data on their de facto implementation. The individual compliance indicators can be grouped into four categories that we...
Persistent link: https://www.econbiz.de/10014262029