000 01541pab a2200169 454500
008 180718b2016 xxu||||| |||| 00| 0 eng d
100 _aVersteeg, Mila
245 _aConstitutions unentrenched: toward an alternative theory of constitutional design
260 _c2016
300 _ap.657-674.
362 _aNov
520 _aThis article highlights a gap between a great deal of constitutional theory and a great deal of the practice of democratic constitution-making. Drawing on data from democratic national and state constitutions, we challenge the consensus among constitutional theorists that a central purpose of constitutionalism is the entrenchment (the fortification against future change) of broad principles. The empirical reality is that the majority of democratic constitutions today are subject to frequent revision, and are therefore ill-equipped to facilitate the entrenchment of their contents. To explore the logic of these unentrenched documents, we identify the historical periods in which different geographic regions moved away from highly entrenched constitutions, and we examine the political contexts of these transformations. We find that, in each context, constitution-makers were attempting to limit the discretion of constitutional interpreters and implementers by drafting highly specific texts and by updating them in response to continually changing circumstances. - Reproduced.
650 _aConstitutions
700 _aZackin, Emily
773 _aAmerican Political Science Review
909 _a113718
999 _c113712
_d113712