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 prevail? Are there common standards of good fortune, and which follow around the board? Or, is the alternative of standards completely idiosyncratic? This edited quantity takes at the suggestion 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 process the definition of constitutional good fortune from many various angles. It additionally brings jointly case reviews from Africa, Europe, Latin the US, the center East and Asia. by way of exploring a diverse array of constitutional histories, this e-book indicates how complicated rules of constitutional luck play out another way in numerous contexts and gives examples of ways luck might be another way outlined lower than diverse conditions.
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Additional info for Assessing Constitutional Performance
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.
That standard should not be tailored to specific social, cultural and geopolitical contexts. It must instead be capable of application across a very broad range of quite heterogeneous cases. To frame the inquiry in this way is to take men and women as irreducibly different, and irredeemably committed to beliefs most generously described as eccentric or idiosyncratic. 1 If we select randomly from the pool of historical exemplars, the probability that participants in two distinct instances of constitutional creation happened to possess and apply wholly convergent internal criteria is vanishingly small.
The aim here is not to be comprehensive (an ambition that would, in any case, be infeasible) but rather to provide a rich counterpoint to some of the earlier chapters. In each case, the author explores the implementation of a given constitution (or in the case of Zaid Al-Ali, set of constitutions) and provides their own view about the perspective to be deployed in examining our core question. The four examples are different in timing and in the nature of the relevant bundle of founding aspirations.
Assessing Constitutional Performance by Tom Ginsburg, Aziz Huq