Constitutions worldwide protect an increasingly long list of rights. Constitutional scholars point to a variety of top-down and bottom-up explanations for this pattern of rights expansion. This Article, however, identifies an additional, underexplored dynamic underpinning this pattern in certain...

Constitution-makers often leave key issues undecided, or choose to defer certain issues for future resolution. This chapter examines this practice of constitutional ‘deferral', and its different variants in constitution-making processes worldwide – including in the form of abstract (rather...