By Tom Ginsburg, Aziz Huq
From London to Libya, from Istanbul to Iceland, there's nice curiosity between comparative constitutional students and practitioners approximately whilst a proposed structure is probably going to prevail. yet what does it suggest for a structure to be triumphant? Are there common standards of good fortune, and which follow around the board? Or, is the alternative of standards solely idiosyncratic? This edited quantity takes at the notion of constitutional good fortune and indicates the manifold ways that it may be understood. It collects essays from philosophers, political scientists, empiricists and felony students, that method the definition of constitutional good fortune from many various angles. It additionally brings jointly case reviews from Africa, Europe, Latin the USA, the center East and Asia. by way of exploring a various array of constitutional histories, this ebook indicates how complicated principles of constitutional luck play out in a different way in several contexts and gives examples of the way luck should be in a different way outlined less than diverse conditions.
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Extra info for Assessing Constitutional Performance
Democracy in Retreat: The Revolt of the Middle Class and the Worldwide Decline of Representative Government. New Haven: Yale University Press. LaCroix, Alison. 2013. ” University of Illinois Law Review 2013: 1775–1786. 2015. ” Stanford Law Review 67: 397–445. Landau, David. 2013. ” Alabama Law Review 64: 923–980. Langford, Malcolm, Ben Cousins, Jackie Dugard, & Tshepo Madlingo, eds. 2015. Socio-Economic Rights in South Africa: Symbols or Substance? New York: Cambridge University Press. Assessing constitutional performance 35 Law, David & Mila Versteeg.
2008). Nor are external criteria necessarily loosed entirely from the gravitational force of the local circumstances of their intellectual production. Political rationality, in my view, lacks any transhistorical, acontextual form. Nevertheless, the distinction is useful insofar as it draws attention to the fact that criteria of constitutional success play different roles in different circumstances. And different standards might fit those distinct circumstances better than a single norm. This chapter focuses on the availability of an external benchmark capable of being applied by an outsider to a political community at the moment in time when a constitution is being proposed or debated.
The analytic framework offered here can extend without much complication to unwritten, organic constitutions.
Assessing Constitutional Performance by Tom Ginsburg, Aziz Huq