Assessing Constitutional Performance by Tom Ginsburg, Aziz Huq

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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 be triumphant. yet what does it suggest for a structure to be triumphant? Are there common standards of luck, and which observe around the board? Or, is the alternative of standards totally idiosyncratic? This edited quantity takes at the inspiration of constitutional luck and indicates the manifold ways that it may be understood. It collects essays from philosophers, political scientists, empiricists and criminal students, that technique the definition of constitutional good fortune from many alternative angles. It additionally brings jointly case experiences from Africa, Europe, Latin the US, the center East and Asia. through exploring a assorted array of constitutional histories, this booklet indicates how advanced rules of constitutional luck play out otherwise in several contexts and gives examples of the way luck should be another way outlined less than assorted conditions.

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Lawrence: University of Kansas Press. Berman, Mitchel. 2004. ” NYU Law Review 84: 1–96. Bradford, Ben, Aziz Z. Huq, Jonathan P. Jackson, & Benjamin Roberts. 2014. “What Price Fairness when Security Is at Stake? ” Regulation and Governance 8: 246. Crews, Robert. 2015. Afghan Modern: The History of a Global Nation. Cambridge: Harvard University Press. Ghai, Yash. 2014. 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.

Moreover, there is often leakage between internal and external criteria. Evaluative criteria deployed by participants in Thanks to Josh Chafetz, Mike Dorf, Tom Ginsburg, Amanda Greene, Eric Posner, Aziz Rana, Dana Remus, and Mike Seidman for helpful comments on this chapter. 39 40 Aziz Z. Huq a constitution-making process are not autochthonic. They can leach their content and orientation from global intellectual currents (Ginsburg et al. 2008). Nor are external criteria necessarily loosed entirely from the gravitational force of the local circumstances of their intellectual production.

Finally, Erin Delaney examines the recent period of change to the venerable and idiosyncratic British Constitution. She shows how a variety of forces have contributed to a rapid shift of the basic mechanics and pace of constitutional change, suggesting that constitutional success is elusive and that significant risks are emerging in seeking a balance between stability and flexibility. Her chapter furnishes a useful juxtaposition to, and perhaps confirmation of, the argument laid out in Dixon and Landau’s chapter, although the latter focuses more on consolidated written constitutions.

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