Working Group on Law and Democracy
The collected works of faculty and students associated with the Working Group on Law and Democracy.
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Recent Submissions
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The Constitutional Referendum in Historical Perspective
(Elgar, 2019) -
On the Paradox of State Religion and Religious Freedom
(Oxford Research Encylopedia, 2019)This essay explores the well-known tension between the commitment to a state religion and expressions of tolerance for other religions. The background question concerns the consequences of state religion, the more suspect ... -
On Waves, Clusters, and Diffusion: A Conceptual Framework
(2005)This article makes a conceptual and theoretical contri- bution to the study of diffusion. The authors suggest that the concept of diffusion be reserved for processes (not outcomes) characterized by a certain uncoordinated ... -
Commitment and Diffusion: How and Why National Constitutions Incorporate International Law
(2008)Drafters of new constitutions face a bewildering array of choices as they seek to design stable and workable political institutions for their societies. One such set of choices concerns the status of interna- tional law ... -
The Citizen as Founder: Public Participation in Constitutional Approval
(2008)Public involvement in constitution making is increasingly considered to be essential for the legitimacy and effectiveness of the process. It is also becoming more widespread, spurred on by constitutional advisors and the ... -
On the Evasion of Executive Term Limit
(2011)Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office ... -
Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice
(2013)This Article examines the adoption of rights in national constitutions in the post-World War II period in light of claims of global convergence. Using a comprehensive database on the contents of the world’s constitutions, ... -
Constitute: The world’s constitutions to read, search, and compare
(2014-07-07)Constitutional design and redesign is constant. Over the last 200 years, countries have replaced their constitutions an average of every 19 years and some have amended them almost yearly. A basic problem in the drafting ... -
On the influence of Magna Carta and other cultural relics
(2016-05-24)Magna Carta’s status as a touchstone of modern thinking about the rule of law rests on several well-known myths. This article evaluates the influence of Magna Carta on modern constitutions, both in termsof formation as ...