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Tom Ginsburg

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Tom Ginsburg

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Tom Ginsburg

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Tom Ginsburg

There are various different approaches in the literature to conceptualizing and measuring the rule of law.  In this contribution we compare various approaches and identify relevant measures. We find strong correlations among them, notwithstanding very different approaches to conceptualization. This itself raises a puzzle about what is driving the convergence.  We find that all the measures are highly correlated with corruption indices, suggesting that the convergence is driven by a common third factor.  Following Rothstein (2014), we argue that the rule of law indicators  capture a more encompassing concept of impartial administration.  The chapter thus critiques the rule of law measurement enterprise as insufficiently linked to the underlying normative concept.

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Tom Ginsburg

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Tom Ginsburg

Although constitutional law often occupies the pride of place in public law discussions, this chapter argues along many dimensions, administrative law can be considered more constitutional in character than constitutions. It is both more reflective of local preferences and values, and also often superior in terms of limiting government behavior. It is also, in many contexts, more stable and enduring than are written constitutions. Paying attention to comparative administrative law as a feature of the unwritten constitution of nation-states helps to expose the limits of constitutions as regulatory devices.

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Sujit Choudhry and Tom Ginsburg

Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this research review is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, the research review provides an essential overview of the myriad of circumstances in which constitutions can be made.
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Sujit Choudhry and Tom Ginsburg