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Ginsburg, Melton, and Elkins on the Endurance of National Constitutions

By Lawrence Solum

Tom Ginsburg, James Melton and Zachary Elkins (University of Chicago Law School , IMT Lucca Institute for Advanced Studies and University of Texas, Austin) have posted The Endurance of National Constitutions (Cambridge University Press, 2009) on SSRN. Here is the 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.

This chapter is from their important book, already recommended by the Legal Theory Bookworm. Here is the Amazon.com page for the book. Highly recommended!

Full post as published by Legal Theory Blog on January 20, 2010 (boomark / email).