Proportionality in Constitutional and Human Rights Interpretation

Do Constitutional Rights Matter?∗

The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and some, inevitably, do so with the intention of abiding by their provisions. The purpose of the following article is to explore this possibility. I develop a theory of constitutional enforcement and test it using data spannin...

The European Convention on Human Rights and National Constitutional Reordering

Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice

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, we observe a qualified convergence on the content of rights. Nearly every single right has increased in prevalence since its introduction, but very few are close to universal....

Theories of Constitutional Interpretation

Do Constitutional Rights Matter? The Relationship between De Jure and De Facto Human Rights Protection∗

The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and, in some cases, do so with the intention of limiting their subsequent behavior. At least some, then, appear to view constitutions as more than merely parchment. The purpose of the following article is to explore this possib...