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The Endurance of National Constitutions


Tom Ginsburg


University of Chicago Law School

James Melton


IMT Institute for Advanced Studies

Zachary Elkins


University 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

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Date posted: January 18, 2010 ; Last revised: February 12, 2010

Suggested Citation

Ginsburg, Tom, Melton, James and Elkins, Zachary, The Endurance of National Constitutions (January 14, 2010). Cambridge University Press, 2009; U of Chicago Law & Economics, Olin Working Paper No. 511. Available at SSRN: http://ssrn.com/abstract=1536925

Contact Information

Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
James Melton
IMT Institute for Advanced Studies ( email )
Complesso San Micheletto
Lucca, 55100
Italy
Zachary Elkins
University of Texas, Austin ( email )
Austin, TX 78712
United States
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