Work

Measuring Procedural and Substantial Amendment Rules: An Empirical Exploration

Year: 2021

Type: article

Abstract: Constitutional amendment difficulty or rigidity has generated extensive literature in recent times, both conceptually and empirically. Although constitutional scholars seem divided about the importance and significance of amendment limits, there has been a proliferation of indicators and statistical analysis. In this Article, while recognizing the normative debate, we provide an empirical exploration for thirty-seven countries based on factor analysis of both formal procedural rules—usually the focus of empirical work—and substantial amendment rules—which are less developed in the quantitative literature. We discuss the existing contradictions across available indicators. Implications for the literature are derived.

Source: German Law Journal

DOI: 10.1017/glj.2021.2

Authors: Nuno Garoupa, Catarina Santos Botelho

Institutions: George Mason University, Universidade Católica Portuguesa

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $1,376