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210 results

Page 1 of 11

  • The Long Hand of Anti-Corruption: Israeli Judicial Reform in Comparative Perspective

  • Tom Ginsburg
  • Journal:
    Israel Law Review , First View
    Published online by Cambridge University Press:
    06 October 2023, pp. 1-12
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  • There are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition's efforts to assert more control over the Supreme Court. The dynamics of anti-corruption in Israel are somewhat distinct from those of other countries in ways that may bode well for the Court in its confrontation with the government.

  • It’s the procedures, stupid: The success and failures of Chile’s Constitutional Convention

  • Tom Ginsburg, Isabel Álvarez
  • Journal:
    Global Constitutionalism , First View
    Published online by Cambridge University Press:
    13 September 2023, pp. 1-10
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  • Chile’s experience with its Constitutional Convention from 2021 to 2022 sheds light on an important issue for comparative reflection: the role of procedures in constitution-making processes. The Constitutional Convention was bound by procedures that were both externally imposed and internally created. Our assessment is that, while some procedures improved representation and deliberation, the most important decision-making procedures were pernicious to the process. We argue that looking at procedures is fundamental when analysing constitutional processes, as the rules that bind rule-making processes can significantly impact not only their functioning, but also their outcomes.

  • 4 - The Institutional Context of the International Court of Justice

  • from Part I - The Role of the ICJ
  • Edited by Carlos Espósito, Universidad Autónoma de Madrid, Kate Parlett, Twenty Essex, London
  • Book:
    The Cambridge Companion to the International Court of Justice
    Published online:
    18 May 2023
    Print publication:
    06 April 2023, pp 86-100

  • Summary

    This chapter examines the institutional context of the Court. It focuses first on the Court’s function as a court, i.e. as the principal judicial organ of the United Nations. It then considers the Court’s relations with States, as an international court. Finally, he considers the Court’s institutional grounding as an organ of the United Nations, and examines its relationship with the United Nations. Professor Ginsburg argues that there is a gap between the Court’s formal institutional structures and its actual operation in practice, and emphasises in particular the way in which the Court has taken a central role in the development of international law.

  • 4 - Constitutional Design Options for Territorial Cleavages in the Middle East

  • from Part I - Theoretical and Comparative Context
  • Edited by Aslı Ü. Bâli, University of California, Los Angeles, Omar M. Dajani, University of the Pacific, California
  • Book:
    Federalism and Decentralization in the Contemporary Middle East and North Africa
    Published online:
    15 January 2023
    Print publication:
    05 January 2023, pp 67-83

  • Summary

    This chapter surveys constitutional design for territorially divided societies, with special application to the Middle East. Federalism, which is a standard part of the toolkit in other parts of the world, has rarely been attempted or sustained in the region. Decentralization holds more promise, and although many of the attempts so far have been ineffective, it would help a good deal. Special autonomy, in which one or more regions of a country enjoy authority over certain subjects, could work for certain areas as well. Another set of tools, categorized as rights, redistribution, and representation, operates at the level of the central government. Whatever arrangements are chosen, there is a need for institutional guarantors of the constitutional bargain over territory: courts and international actors can play this role. The chapter concludes that mechanisms providing voice are superior to those facilitating exit, and that a combination of representation and decentralization may be sufficient in many cases.

  • The Pragmatics of Democratic “Front-Sliding”

  • Tom Ginsburg, Aziz Z. Huq
  • Journal:
    Ethics & International Affairs / Volume 36 / Issue 4 / Winter 2022
    Published online by Cambridge University Press:
    22 December 2022, pp. 437-453
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  • How does a democracy that has survived a close brush with authoritarianism start to recreate conditions of meaningful democratic political competition? What steps are to be taken, and in what order? Certain lessons can be gleaned from comparative experience with the challenges of “front-sliding”—that is, the process of rebuilding the necessary political, legal, epistemic, and sociological components of democracy. This essay maps out those challenges, examines the distinctive and difficult question of punishing individuals who have been drivers of democratic backsliding, and reflects on how to sequence different elements of front-sliding.

  • Notes on Transliteration and Language

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xix-xx
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  • Contents

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp vii-x
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  • Contributors

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xi-xii
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  • Part V - Comparative Perspectives

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 343-344
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  • 1 - Introduction

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 1-32
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  • Summary

    This introduction to the edited volume considers the complex and myriad interactions between Buddhism and constitutional law in Asia. It summarizes the main themes of the volume.

  • Acknowledgments

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xvii-xviii
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  • Copyright page

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp vi-vi
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  • Part I - Religious and Political Underpinnings

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 33-70
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  • Part IV - Northern and Northeastern Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 239-342
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  • Part II - Himalayan Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 71-140
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  • Part III - Southern Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 141-238
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Buddhism and Comparative Constitutional Law
  • Edited by Tom Ginsburg, Benjamin Schonthal
  • Published online:
    18 November 2022
    Print publication:
    01 December 2022
  • Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

  • 1 - Introduction

  • Edited by Tom Ginsburg, University of Chicago, Sumit Bisarya
  • Book:
    Constitution Makers on Constitution Making
    Published online:
    03 November 2022
    Print publication:
    17 November 2022, pp 1-36

  • Summary

    Constitution-making has changed dramatically in recent decades. Compared with constitutional processes in earlier eras, we observe the increasing role of the international community in constitution making, often as part of a broader intervention into a conflict, and increasing penetration of international norms into national contexts. There has also been a trend toward public participation in the process of constitution-making. In addition, constitution making is now iterated over time, with multiple rounds of decision making and bargaining. This chapter draws on the framework of Jon Elster to frame the seven case studies in the volume, drawing toegether themes and trends.

Page 1 of 11