Showing 1 - 10 of 33
Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time - be it in domestic or international...
Persistent link: https://www.econbiz.de/10012260660
The question of why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives for states to comply. We argue that there is another, undertheorized...
Persistent link: https://www.econbiz.de/10012430599
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,...
Persistent link: https://www.econbiz.de/10013549904
While research in constitutional economics has made important progress in recent decades, the factors determining whether a constitution is complied with have only received scant attention. We contribute to that narrow literature by studying how personal traits of political leaders are...
Persistent link: https://www.econbiz.de/10014001201
Over the last three decades, plea bargaining procedures have been adopted by a large number of jurisdictions worldwide. However, a comprehensive account of the current adoption and use of such procedures is still missing. We survey 174 jurisdictions, finding that 101 of them have a formalized...
Persistent link: https://www.econbiz.de/10014417646
We bring attention to a previously overlooked determinant of de jure-de facto constitutional gaps: a polity's transition to a nation-state. We argue that nation-statehood, predicated on the formation of a strong sense of national identity, lowers the government's incentive to violate...
Persistent link: https://www.econbiz.de/10014426211
Federalism is a constitutionalized version of multi-tier governance. Proponents of veto-player theory argue that a high number of veto players leads to a high degree of policy stability. Compared to states with a unitary structure, federal countries, in which at least one sub-central level of...
Persistent link: https://www.econbiz.de/10014525586
The rule of law, a fundamental value of the European Union (EU), has come under stress in a number of its member states. The EU's response to these stresses has been criticized as politicized, slow, and unassertive. This research note develops a proposal to improve the current procedure.
Persistent link: https://www.econbiz.de/10011995096
Constitutional democracy is in decline and many would-be autocrats try to elude constitutional constraints or even to exploit constitutions in their favor. We make a number of proposals for designing constitutions that are more resilient against such attempts. A first look at the empirical...
Persistent link: https://www.econbiz.de/10012012481
Prosecutors are immensely influential in every judicial system, yet very little is known about the impact of their organization. Here we ask two questions: (1) whether crimes committed by public officials are more likely to be prosecuted when prosecutors are independent, and (2) whether this...
Persistent link: https://www.econbiz.de/10011729147