Constitutional Endurance

Ginsburg, Tom

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Constitutional Endurance

COMPARATIVE CONSTITUTIONAL LAW, p. 112, Tom Ginsburg and Rosalind Dixon, eds., Edward Elgar Publishing, 2011

16 Pages Posted: 1 Aug 2011

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Abstract

This Handbook chapter summarizes the literature on constitutional endurance. Virtually every function ascribed to constitutions assumes that constitutions will endure over time, yet real-world constitutions do not last very long in many countries. This chapter first asks whether endurance is a good thing, and then examines positive theories of endurance, as well as observed patterns, summarizing earlier work by Elkins, Ginsburg and Melton (2009). It then has brief case study discussions of the U.S., India and Sweden.

Keywords: Constitutions

JEL Classification: K1

Suggested Citation: Suggested Citation

Ginsburg, Tom, Constitutional Endurance. COMPARATIVE CONSTITUTIONAL LAW, p. 112, Tom Ginsburg and Rosalind Dixon, eds., Edward Elgar Publishing, 2011, Available at SSRN: https://ssrn.com/abstract=1899636