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The Endurance of National ConstitutionsTom GinsburgUniversity of Chicago Law School James MeltonIMT Institute for Advanced Studies Zachary ElkinsUniversity of Texas, Austin January 14, 2010 Cambridge University Press, 2009 U of Chicago Law & Economics, Olin Working Paper No. 511 Abstract: Constitutions are supposed to provide an enduring structure for politics. Yet most die at a young age, and we estimate the average life expectancy to be only 19 years. Why is it that some constitutions endure while others do not? In this book, we examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, the volume is the first comprehensive study of constitutional mortality. We show that, while constitutions are imperiled by social and political crises, certain aspects of a constitution’s design can lower the risk of death substantially. Thus, to the extent that endurance is desirable – a question that we also subject to scrutiny – the decisions of founders take on added importance. This introductory chapter lays out the argument of the book.
Number of Pages in PDF File: 12 Keywords: constitutions, comparative law JEL Classification: K00 Accepted Paper SeriesDate posted: January 18, 2010 ; Last revised: February 12, 2010Suggested CitationContact Information
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