Over the last couple of decades, non-majoritarian institutions (NMIs) have been introduced in many countries. Of late, they have been criticized as promoting technocracy to the detriment of democracy. A number of political scientists even argue that they would strengthen populists and be, hence,...

This article introduces a novel database that measures governments' compliance with national constitutions. It combines information on de jure constitutional rules with data on their de facto implementation. The individual compliance indicators can be grouped into four categories that we...

In April 2020, I posted on SSRN a proposed draft Voting Rights and Reform Act of 2021, and in August 2020, I posted a set of proposed constitutional amendments to reform the U.S. Supreme Court, the office of the U.S. Attorney General, issues relating to the inability and succession of the...

Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically tests a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse...

The United States Constitution has been a document that, during every era, has helped further white supremacy. White supremacy constitutes a “political, economic and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white...

In this article, Avi-Yonah argues that the global intangible low-taxed income regime may be an unconstitutional attempt to tax the foreign-source income of foreign entities, and he offers an alternative

This is a review essay of Camila Vergara, Systemic Corruption (Princeton 2020). In this lively and important book, Vergara argues that corruption should be given a structural definition, one that connects corruption with inequality and is plebeian rather than elitist. After surveying the work of...

In this paper, I look at the Afghan Shīʿī communities’ position on the idea of constitutionalism and their vision for a modern constitutional state. Drawing on two draft constitutions that Afghanistan’s most prominent Shīʿī Islamist parties published in the 1990s, I argue that the...

Constitutional loyalty, the importance ascribed to complying with constitutional rules, is difficult to measure across countries due to differences in context, history, and culture. We overcome this challenge by exploiting the COVID-19 pandemic as an ideal setting in which societies around the...