Constitutional Specificity, Unwritten Understandings and Constitutional Agreement

CONSTITUTIONAL TOPOGRAPHY: VALUES AND CONSITUTIONS, A. Sajo and R. Uitz, eds., Eleven International Publishing, 2010

U of Chicago, Public Law Working Paper No. 330

30 Pages Posted: 11 Nov 2010 Last revised: 19 Nov 2010

Tom Ginsburg

University of Chicago Law School

Date Written: November 11, 2010

Abstract

This short book chapter explores the determinants of constitutional specificity. Treating constitutional texts as coordination devices, it predicts that demand for specificity will increase as a function of audience heterogeneity, political uncertainty, and other factors. It shows that constitutions are getting longer and more detailed over time, and that constitutions in common law countries are longer than those in civil law countries, though not necessarily any clearer.

Suggested Citation

Ginsburg, Tom, Constitutional Specificity, Unwritten Understandings and Constitutional Agreement (November 11, 2010). CONSTITUTIONAL TOPOGRAPHY: VALUES AND CONSITUTIONS, A. Sajo and R. Uitz, eds., Eleven International Publishing, 2010; U of Chicago, Public Law Working Paper No. 330. Available at SSRN: https://ssrn.com/abstract=1707619

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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