Assessing Constitutional Performance

Author: Tom Ginsburg; Aziz Huq
Publisher: Cambridge University Press
ISBN: 9781316608357

Published In: August 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107154797

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From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed.

But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic?

This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles.

It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of 'constitutional success' play out differently in different contexts and provides examples of how 'success' can be differently defined under different circumstances.

INTRODUCTION

1. Assessing Constitutional Performance Tom Ginsburg and Aziz Huq

Part I: Defining Constitutional Performance

2. Hippocratic Constitutional Design Aziz Huq

3. What is a Good Constitution? Assessing the Constitutional Proposal in the Icelandic Experiment Helene Landemore

4. When is a Constitution doing well? The Alberdian test in the Americas Roberto Gargarella

5. Political Parties and Constitutional Performance Martin Shapiro

Part II: Managing Specific Constitutional Challenges

6. Constitutions and the Transition from Military Rule Ozal Varol

7. Constitutional Permissiveness, Constitutional Restrictiveness and Religious Freedom Hanna Lerner

8. Transitional Provisions and the Performance of Constitutions Sumit Bisarya

9. Time and Constitutional Efficacy: Implementation of Rights Zachary Elkins, Tom Ginsburg and James Melton