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T Ginsburg

Dados Biográficos

ID26235
NOMET Ginsburg
PRENOMEST
SOBRENOMEGinsburg
ASSINATURAGINSBURG T
AFILIAÇÕESUniversity of Chicago
ORCID0000-0003-3128-3392
VERIFICADOSim
TOTAL DE OBRAS64
TOTAL DE CITAÇÕES412
TOTAL COMO AUTOR64
TOTAL COMO EDITOR0
PRIMEIRO ANO DE PUBLICAÇÃO1973
ANO MAIS RECENTE DE PUBLICAÇÃO2026
ÍNDICE H12
  • Anti-corruption and Illiberal Turns in National Politics in the Global South

    Marina Zaloznaya, T Ginsburg•ARTICLE•Sociology of Development•2026

  • Enforceable transitional provisions in national constitutions

    Open Access•Sumit Bisarya, T Ginsburg•ARTICLE•Public Choice•2025•Citada por: 1•Referências: 23

    Transitional provisions are a key device for managing institutional transformation in new constitutional orders. We analyze transitional provisions through the lens of the intertemporal assessment of who will hold power under the new constitution. The role, scope and enforceability of transitional provisions will be different when parties to the constitutional bargain expect that they and their allies are likely to be in power, as opposed to when…

  • Breaking the Saffron Wave

    Benjamin Schonthal, T Ginsburg•ARTICLE•The Journal of Asian Studies•2024•Referências: 51

    In recent years, thousands of Buddhist monastics have marched in antiregime protests across South and Southeast Asia. Among the largest and most influential nonstate organizations in the region, monastic communities appear to be powerful agents for political change. Yet, like similar movements over the last half-century, recent monastic protests did not produce broader political resistance among the monkhood, nor did they lead to substantive poli…

  • It’s the procedures, stupid

    Open Access•T Ginsburg, I Álvarez•ARTICLE•Global Constitutionalism•2023•Citada por: 4•Referências: 2

    Chile’s experience with its Constitutional Convention from 2021 to 2022 sheds light on an important issue for comparative reflection: the role of procedures in constitution-making processes. The Constitutional Convention was bound by procedures that were both externally imposed and internally created. Our assessment is that, while some procedures improved representation and deliberation, the most important decision-making procedures were pernicio…

  • The Constitutionalization of Democracy

    Open Access•T Ginsburg, Mila Versteeg•ARTICLE•Journal of democracy•2023•Citada por: 1

    Recent decades have seen a sharp rise in constitutional provisions regulating core aspects of democracy, including the rules about parties, voting, and elections. The trend is apparent in both democracies and nondemocracies, although democracies tend to constitutionalize slightly more matters. Constitutionalization can help democracy by tying the hands of politicians. Looking at cross-national data, we find that constitutionalizing democracy is c…

  • Article 2(4) and Authoritarian International Law

    Open Access•T Ginsburg•ARTICLE•AJIL Unbound•2022

    In 1970, Thomas Franck asked a rhetorical question of enduring significance: Who Killed Article 2(4) ? The reference is to the provision of the United Nations Charter that requires all member states to refrain “from the threat or use of force against the territorial integrity or political independence of any state.” Vladimir Putin's gambit in Ukraine, conducted with the rhetorical purpose of eliminating the country as an independent state, is the…

  • Ideation and Innovation in Constitutional Rights

    Open Access•T Ginsburg, Zachary Elkins•ARTICLE•Law & Ethics of Human Rights•2022•Citada por: 1

    This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products , and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products , the process of constitution-making, and in supporting institutions. The last two eleme…

  • The Pragmatics of Democratic “Front-Sliding”

    Open Access•T Ginsburg, Aziz Z Huq•ARTICLE•Ethics & International Affairs•2022•Citada por: 1•Referências: 3

    How does a democracy that has survived a close brush with authoritarianism start to recreate conditions of meaningful democratic political competition? What steps are to be taken, and in what order? Certain lessons can be gleaned from comparative experience with the challenges of “front-sliding”—that is, the process of rebuilding the necessary political, legal, epistemic, and sociological components of democracy. This essay maps out those challen…

  • Imagining a World without the Universal Declaration of Human Rights

    Open Access•Zachary Elkins, T Ginsburg•ARTICLE•World Politics•2022•Citada por: 3•Referências: 25

    The Universal Declaration of Human Rights (UDHR) is thought to have shaped constitutions profoundly since its adoption in 1948. The authors identify two empirical implications that should follow from such influence. First, UDHR content should be reflected in subsequent national constitutions. Second, such reflections should bear the particular marks of the UDHR itself, not those of the postwar zeitgeist more broadly. The authors examine the histo…

  • "The Value of "Tyrannophobia

    Open Access•T Ginsburg•ARTICLE•Journal of democracy•2022•Citada por: 1

    Jason Brownlee and Kenny Miao offer an important corrective to the current mood of despair about democracy's trajectory. Democratic failure, they argue, is not inevitable, and is not even tightly linked to the phenomenon of democratic backsliding. Wealth, in particular, remains an insulating factor that protects democracies from paying the ultimate price. In response, I have three points to make. First, the distinction between breakdown and backs…

  • The Role of Comparative Law in the Social Sciences

    Open Access•Francesco Parisi, T Ginsburg•ARTICLE•The American Journal of…•2021

    Comparative law is undergoing a rapid evolution, particularly when compared to the descriptive methodology that characterized the field prior to the 1950s. Beginning around that time, comparative law scholars began to embrace more analytical approaches in their studies, and as a result drew novel conclusions about causes and consequences of legal rules. In moving beyond mere description, comparativists showed that common elements behind what appe…

  • What Can We Learn from Written Constitutions

    Open Access•Zachary Elkins, T Ginsburg•ARTICLE•Annual Review of Political Science•2021•Citada por: 5•Referências: 45

    This article responds to a set of well-known challenges to empirical research on formal institutions in comparative politics. We focus on the case of written constitutions and discuss the scholarly utility of studying such documents in the face of four analytic and theoretical challenges. Each of these challenges, in turn, implies a set of empirical questions, for which we invoke original data to sketch a broad-brushed set of answers. The data an…

  • The Role of Monarchy in Modern Democracy

    Open Access•T Ginsburg•ARTICLE•International Journal of…•2020

  • Beyond Window Dressing

    T Ginsburg•CHAPTER•Modern Constitutions•2020

  • The Machinery of International Law and Democratic Backsliding

    T Ginsburg•ARTICLE•Law & Ethics of Human Rights•2020

    Our era is one of democratic backsliding. International courts and institutions have provided some bulwark against this trend, but we are now witnessing leaders seeking to use international law to extend their power. Courts in several countries have relied on international human rights norms to facilitate term limit extensions by leaders seeking to retain power beyond what is constitutionally allowed. This Article documents these cases and calls …

  • Authoritarian International Law

    Open Access•T Ginsburg•ARTICLE•American Journal of International…•2020•Citada por: 20•Referências: 11

    International law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This…

  • How Authoritarians Use International Law

    Open Access•T Ginsburg•ARTICLE•Journal of democracy•2020•Citada por: 6

    Two great trends of our time are legalization and autocratization. Both these trends are now extending to the level of international governance. As authoritarian regimes wield more power on the international plane, they are turning to international law as a means of shielding themselves from criticism and actively promoting their own illiberal projects. Their strategies include repurposing multilateral institutions, creating new norms, and seekin…

  • Introduction

    Open Access•T Ginsburg, Mark D Rosen et al.•CHAPTER•Constitutions in Times of…•2019

    The constitutions of most liberal democracies contain provisions that constrain governmental action in relation to economic policy. Some provisions grant citizens rights: For example, Americans enjoy a right under the US constitution's Contract Clause, prohibiting states from impairing the obligation of contracts. Most constitutions also provide individual rights protections against uncompensated and arbitrary taking of property. Structural provi…

  • Who Judges? Designing Jury Systems in Japan, East Asia and Europe

    Open Access•T Ginsburg•ARTICLE•Social Science Japan Journal•2019

    One of the great caricatures of comparative law portrays countries in the common law tradition as utilizing juries, while those in the civil law tradition rely exclusively on judges in making legal decisions. This caricature has always been somewhat overblown, as evidenced by Japan’s experiment with a jury system from 1928 to 1943. In recent decades, however, there has been a global wave of new systems that involve ordinary citizens in legal deci…

  • Rebel Use of Law and Courts

    Open Access•T Ginsburg•ARTICLE•Annual Review of Law and Social…•2019•Citada por: 3•Referências: 16

    Militant organizations and rebel groups are an enduring feature of political life in much of the world. As scholars pay greater attention to rebel governance strategies, the role of law and courts is coming to the fore. We observe a good deal of variation across rebel groups in terms of their legal infrastructure and its organizational differentiation. This article surveys the recent literature and develops a framework for understanding why rebel…

  • How Democracy Ends

    Open Access•T Ginsburg•ARTICLE•Political Science Quarterly•2019

    It is hardly a secret that democracy is in trouble around the world, and the phenomenon of backsliding has prompted a small wave of books diagnosing the problem and suggesting solutions. David Runciman’s contribution to this literature is a breezy and readable tour through mechanisms and alternatives. Easily weaving political theory with grounded examples, he has produced a highly accessible analysis focusing more on diagnosis than cure. Runciman…

  • The Dejudicialization of International Politics

    Open Access•Daniel Abebe, T Ginsburg•ARTICLE•International Studies Quarterly•2019•Citada por: 15•Referências: 35

    For many, the growing judicialization of international relations is the next step in the process toward the complete legalization of international politics. We draw on the literature in comparative judicial politics to examine the limits of the phenomenon. The domestic literature on judicialization portrays the process as something of a one-way ratchet. In an increasingly juridified world, judges have been asked to take on greater roles in global…

  • Introduction to the Symposium on Thomas Franck, “Emerging Right to Democratic Governance” at 25

    Open Access•T Ginsburg•ARTICLE•AJIL Unbound•2018

    It is a rare piece of scholarship that merits a retrospective twenty-five years later, but Thomas Franck's 1992 article The Emerging Right to Democratic Governance affirmatively demands one. 1 Franck's claim, that democracy was itself a right, built on themes that he had been exploring for many years, and his timing was excellent. Coming at the end of the Cold War, with its mood of high optimism, the article fit the era perfectly. Bundling a prov…

  • Constitutionalism

    T Ginsburg

    To what degree can traditional Asian political and legal institutions be seen as embodying constitutionalist values? This question has risen to the fore in recent decades as part of a new attention to constitutionalism around the world, as well as the decline in orientalist perceptions of Asia as a region of oppressive legal traditions. This article juxtaposes East Asian analogues or antecedents of constitutionalism with a particular set of recen…

  • Legal Education in Asia

    T Ginsburg

Próximo
  • Beyond Presidentialism and Parliamentarism

    Open Access•José Antônio Cheibub, Zachary Elkins et al.•ARTICLE•British Journal of Political…•2014•Citada por: 49•Referências: 54

    The presidential-parliamentary distinction is foundational to comparative politics and at the center of a large theoretical and empirical literature. However, an examination of constitutional texts suggests a fair degree of heterogeneity within these categories with respect to important institutional attributes. These observations indicate that the classic presidential-parliamentary distinction, and the semi-presidential category, may not be syst…

  • How to Lose a Constitutional Democracy

    Open Access•Aziz Z Huq, T Ginsburg•ARTICLE•SSRN Electronic Journal•2017•Citada por: 45•Referências: 6

    Is the United States at risk of democratic backsliding? And would the Constitution prevent such decay? To many, the 2016 election campaign may be the immediate catalyst for these questions. But it is structural changes to the socio-economic environment and geopolitical shifts that make the question a truly pressing one. This Article develops a taxonomy of different threats of democratic backsliding, the mechanisms whereby they unfold, and the com…

  • Does the Process of Constitution-Making Matter

    T Ginsburg, Zachary Elkins et al.•ARTICLE•Annual Review of Law and Social…•2009•Citada por: 45•Referências: 31

    Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain…

  • The Empirical Turn in International Legal Scholarship

    Open Access•Gary Shaffer, Gregory Shaffer et al.•ARTICLE•American Journal of International…•2012•Citada por: 43•Referências: 72

    There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…

  • The Assault on Postcommunist Courts

    Open Access•Bojan Bugarič, T Ginsburg•ARTICLE•Journal of democracy•2016•Citada por: 31•Referências: 5

    In the last 25 years, constitutional courts have been major players in the governance of Central and Eastern Europe, and were arguably the most important defenders of the rule of law in the region. Yet the last few years have exposed the institutional fragility of constitutional courts in the face of illiberal democracy, as several countries have moved to pack the courts. Without quick and sustained pressure, the dismantling of the hard fought fr…

  • Does De Jure Judicial Independence Really Matter

    Open Access•James Melton, T Ginsburg•ARTICLE•Journal of Law and Courts•2014•Citada por: 23•Referências: 13

    The relationship between de jure and de facto judicial independence is much debated in the literature on judicial politics. Some studies find no relationship between the formal rules governing the structure of the judiciary and de facto judicial independence, while others find a tight correlation. This article sets out to reassess the relationship between de jure and de facto judicial independence using a new theory and an expanded data set. De j…

  • Democracy’s Near Misses

    Open Access•T Ginsburg, Aziz Z Huq et al.•ARTICLE•Journal of democracy•2018•Citada por: 22•Referências: 8

    Democracies can collapse or erode beyond repair, but they can also suffer substantial yet "non-fatal" deterioration in the quality of democratic institutions, and then experience a rebound. Such "near misses" have received little or no attention in the new wave of scholarship on why democracies die (or survive). This article develops the concept of a democratic near miss. It first considers numerical metrics of democratic quality as a means of id…

  • Authoritarian International Law

    Open Access•T Ginsburg•ARTICLE•American Journal of International…•2020•Citada por: 20•Referências: 11

    International law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This…

  • The Dejudicialization of International Politics

    Open Access•Daniel Abebe, T Ginsburg•ARTICLE•International Studies Quarterly•2019•Citada por: 15•Referências: 35

    For many, the growing judicialization of international relations is the next step in the process toward the complete legalization of international politics. We draw on the literature in comparative judicial politics to examine the limits of the phenomenon. The domestic literature on judicialization portrays the process as something of a one-way ratchet. In an increasingly juridified world, judges have been asked to take on greater roles in global…

  • On the Interpretability of Law

    Open Access•James Melton, Zachary Elkins et al.•ARTICLE•British Journal of Political…•2013•Citada por: 13•Referências: 16

    An implicit element of many theories of constitutional enforcement is the degree to which those subject to constitutional law can agree on what its provisions mean (call this constitutionalinterpretability). Unfortunately, there is little evidence on baseline levels of constitutional interpretability or the variance therein. This article seeks to fill this gap in the literature, by assessing the effect of contextual, textual and interpreter chara…

  • Does Law Matter for Economic Development? Evidence From East Asia

    Open Access•T Ginsburg•ARTICLE•Law & Society Review•2000•Citada por: 13•Referências: 37

    Katharina Pistor and Philip A. Wellons, The Role of and Legal Institutions in Asian Economic Development, 1960-1995. New York: Oxford University Press, 1999. Pp. xi + 294 pages. $39.95 cloth. Kanishka jayasuriya, ed., Law, Capitalism, and Power in Asia: The Rule of and Legal Institutions. New York: Routledge, 1999. Pp. xiii + 345 pages. $99.99 cloth; $32.99 paper. Robert S. Brown and Alan Gutterman, Asian Economic and Legal Development. Uncertain…

  • Measuring the Rule of Law

    Open Access•Mila Versteeg, T Ginsburg•ARTICLE•Law & Social Inquiry•2016•Citada por: 12•Referências: 15

    The rule of law era has given rise to multiple indicators purporting to measure the concept. This article compares four major indicators of the rule of law and shows that their approaches to conceptualization and measurement differ. Given their disparate conceptualizations and measurement strategies, one might expect a weak correlation between them. Strikingly, however, all four indicators are highly correlated with each other (with the pair-wise…

  • Guarding the Guardians

    Nuno Garoupa, T Ginsburg•ARTICLE•The American Journal of…•2009•Citada por: 12

    This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they di…

  • Confucian Constitutionalism? The Emergence of Constitutional Review in Korea and Taiwan

    Open Access•T Ginsburg•ARTICLE•Law & Social Inquiry•2002•Citada por: 8•Referências: 15

    This paper documents the recent emergence of constitutional review of legislative and administrative action in Korea and Taiwan, two East Asian countries seen to be historically resistant to notions of judicial activism and constitutional constraint. It argues that the ability to draw from foreign legal traditions, especially those of the United States and Germany, empowered judges in these countries and therefore helped to alter the structure of…

  • How Authoritarians Use International Law

    Open Access•T Ginsburg•ARTICLE•Journal of democracy•2020•Citada por: 6

    Two great trends of our time are legalization and autocratization. Both these trends are now extending to the level of international governance. As authoritarian regimes wield more power on the international plane, they are turning to international law as a means of shielding themselves from criticism and actively promoting their own illiberal projects. Their strategies include repurposing multilateral institutions, creating new norms, and seekin…

  • Comparative Administrative Procedure

    Open Access•T Ginsburg•ARTICLE•Constitutional Political Economy•2002•Citada por: 6•Referências: 8

  • Dismantling the "Developmental State"? Administrative Procedure Reform in Japan and Korea

    T Ginsburg•ARTICLE•The American Journal of…•2001•Citada por: 6

    Journal Article Dismantling the "Developmental State"? Administrative Procedure Reform in Japan and Korea Get access Tom Ginsburg Tom Ginsburg 1Tom Ginsburg is Assistant Professor of Law, University of Illinois College of Law. For helpful comments on earlier drafts, the author would like to thank Kyong Whan Ahn, Hong Sik Cho, Nancy Combs, Sam Ginsburg, Joon-Hyung Hong, Robert Kagan, Mark Levin, Bronwen Morgan, Luke Nottage, J. Mark Ramseyer, Oliv…

  • What Can We Learn from Written Constitutions

    Open Access•Zachary Elkins, T Ginsburg•ARTICLE•Annual Review of Political Science•2021•Citada por: 5•Referências: 45

    This article responds to a set of well-known challenges to empirical research on formal institutions in comparative politics. We focus on the case of written constitutions and discuss the scholarly utility of studying such documents in the face of four analytic and theoretical challenges. Each of these challenges, in turn, implies a set of empirical questions, for which we invoke original data to sketch a broad-brushed set of answers. The data an…

  • It’s the procedures, stupid

    Open Access•T Ginsburg, I Álvarez•ARTICLE•Global Constitutionalism•2023•Citada por: 4•Referências: 2

    Chile’s experience with its Constitutional Convention from 2021 to 2022 sheds light on an important issue for comparative reflection: the role of procedures in constitution-making processes. The Constitutional Convention was bound by procedures that were both externally imposed and internally created. Our assessment is that, while some procedures improved representation and deliberation, the most important decision-making procedures were pernicio…

  • What Can Constitutions Do

    Open Access•T Ginsburg, Aziz Z Huq et al.•ARTICLE•Journal of democracy•2014•Citada por: 4

    What aims should guide a new constitution's drafters? Aspirational homilies about the rule of law, human rights, or democracy aside, there remains a surprising dearth of tools with which to gauge the success or failure of a constitution. We suggest four mid-range metrics for constitution-making: the legitimation of a new state; the channeling of political conflict; the dampening of agency costs from representational government; and the creation o…

  • Courts and New Democracies

    Open Access•T Ginsburg•ARTICLE•Law & Social Inquiry•2012•Citada por: 4•Referências: 7

    Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America , edited by Helmke and Rios-Fig…

  • Studying Japanese Law Because It's There

    T Ginsburg•ARTICLE•The American Journal of…•2010•Citada por: 4

    John Haley’s essay offers a number of reasons why the study of Japanese law is as relevant as ever. This reply extends and, in part, challenges Haley’s claims, focusing especially on the relevance of Japanese experience for questions of institutional development and change. The reply also emphasizes non-instrumental rationales for the study of foreign legal systems

  • Imagining a World without the Universal Declaration of Human Rights

    Open Access•Zachary Elkins, T Ginsburg•ARTICLE•World Politics•2022•Citada por: 3•Referências: 25

    The Universal Declaration of Human Rights (UDHR) is thought to have shaped constitutions profoundly since its adoption in 1948. The authors identify two empirical implications that should follow from such influence. First, UDHR content should be reflected in subsequent national constitutions. Second, such reflections should bear the particular marks of the UDHR itself, not those of the postwar zeitgeist more broadly. The authors examine the histo…

  • Rebel Use of Law and Courts

    Open Access•T Ginsburg•ARTICLE•Annual Review of Law and Social…•2019•Citada por: 3•Referências: 16

    Militant organizations and rebel groups are an enduring feature of political life in much of the world. As scholars pay greater attention to rebel governance strategies, the role of law and courts is coming to the fore. We observe a good deal of variation across rebel groups in terms of their legal infrastructure and its organizational differentiation. This article surveys the recent literature and develops a framework for understanding why rebel…

  • Making Constitutions

    Open Access•T Ginsburg•ARTICLE•Political Science Quarterly•2014•Citada por: 3

  • Aufbau einer meteorologischen Daten- und Informationsbank für die Schweiz

    Open Access•T Ginsburg•ARTICLE•Geographica Helvetica•1973

    No abstract available

  • Political Reform in Mongolia

    T Ginsburg•ARTICLE•Asian Survey•1995•Citada por: 1

    Research Article| May 01 1995 Political Reform in Mongolia: Between Russia and China Tom Ginsburg Tom Ginsburg Search for other works by this author on: This Site PubMed Google Scholar Asian Survey (1995) 35 (5): 459–471. https://doi.org/10.2307/2645748 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn Email Tools Icon Tools Get Permissions Cite Icon Cite Searc…

  • Mongolia in 1996

    T Ginsburg•ARTICLE•Asian Survey•1997•Citada por: 1

    Research Article| January 01 1997 Mongolia in 1996: Fighting Fire and Ice Tom Ginsburg Tom Ginsburg Search for other works by this author on: This Site PubMed Google Scholar Asian Survey (1997) 37 (1): 60–64. https://doi.org/10.2307/2645774 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Facebook Twitter LinkedIn MailTo Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citat…

  • Mongolia in 1997

    T Ginsburg•ARTICLE•Asian Survey•1998

  • Does Law Matter for Economic Development? Evidence From East Asia

    Open Access•T Ginsburg•ARTICLE•Law & Society Review•2000•Citada por: 13•Referências: 37

    Katharina Pistor and Philip A. Wellons, The Role of and Legal Institutions in Asian Economic Development, 1960-1995. New York: Oxford University Press, 1999. Pp. xi + 294 pages. $39.95 cloth. Kanishka jayasuriya, ed., Law, Capitalism, and Power in Asia: The Rule of and Legal Institutions. New York: Routledge, 1999. Pp. xiii + 345 pages. $99.99 cloth; $32.99 paper. Robert S. Brown and Alan Gutterman, Asian Economic and Legal Development. Uncertain…

  • Evidentiary Privileges in International Arbitration

    Open Access•Richard M Mosk, T Ginsburg•ARTICLE•International and Comparative Law…•2001•Referências: 14

    Evidentiary rules employed in judicial proceedings are not strictly applied in international arbitration. Although this flexibility with regard to evidentiary matters is often considered a benefit of international arbitration, in certain situations it can lead to unpredictability and conflicts with national law. One such area is the application of evidentiary and testimonial privileges in international arbitration. 1 There is very little authorit…

  • Dismantling the "Developmental State"? Administrative Procedure Reform in Japan and Korea

    T Ginsburg•ARTICLE•The American Journal of…•2001•Citada por: 6

    Journal Article Dismantling the "Developmental State"? Administrative Procedure Reform in Japan and Korea Get access Tom Ginsburg Tom Ginsburg 1Tom Ginsburg is Assistant Professor of Law, University of Illinois College of Law. For helpful comments on earlier drafts, the author would like to thank Kyong Whan Ahn, Hong Sik Cho, Nancy Combs, Sam Ginsburg, Joon-Hyung Hong, Robert Kagan, Mark Levin, Bronwen Morgan, Luke Nottage, J. Mark Ramseyer, Oliv…

  • Comparative Administrative Procedure

    Open Access•T Ginsburg•ARTICLE•Constitutional Political Economy•2002•Citada por: 6•Referências: 8

  • Confucian Constitutionalism? The Emergence of Constitutional Review in Korea and Taiwan

    Open Access•T Ginsburg•ARTICLE•Law & Social Inquiry•2002•Citada por: 8•Referências: 15

    This paper documents the recent emergence of constitutional review of legislative and administrative action in Korea and Taiwan, two East Asian countries seen to be historically resistant to notions of judicial activism and constitutional constraint. It argues that the ability to draw from foreign legal traditions, especially those of the United States and Germany, empowered judges in these countries and therefore helped to alter the structure of…

  • Judicial Review in New Democracies

    Open Access•T Ginsburg•BOOK•Judicial Review in New Democracies•2003

    New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law a…

  • Legal Reform in Korea

    T Ginsburg•BOOK•Legal reform in Korea•2004

  • The Japanese Adversary System in Context

    T Ginsburg•ARTICLE•Journal of Japanese Studies•2004

    Reviewed by: The Japanese Adversary System in Context: Controversies and Comparisons Tom Ginsburg (bio) The Japanese Adversary System in Context: Controversies and Comparisons. Edited by Malcolm M. Feeley and Setsuo Miyazawa. Palgrave Macmillan, Houndmills, 2002. xx, 262 pages. $72.00. An American criminal defense attorney reading the Japanese constitution could be forgiven a sense of familiarity with the expansive series of rights afforded to th…

  • Lessons from Democratic Transitions

    Open Access•T Ginsburg•ARTICLE•Orbis•2007•Citada por: 1

  • The Endurance of National Constitutions

    Open Access•Zachary Elkins, T Ginsburg et al.•BOOK•Endurance of National Constitutions•2009

    Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive stud…

  • International delegation and state disaggregation

    Open Access•T Ginsburg•ARTICLE•Constitutional Political Economy•2009•Citada por: 2•Referências: 8

  • Does the Process of Constitution-Making Matter

    T Ginsburg, Zachary Elkins et al.•ARTICLE•Annual Review of Law and Social…•2009•Citada por: 45•Referências: 31

    Constitution-making is a ubiquitous but poorly understood phenomenon. There is much speculation but relatively little evidence about the impact of different design processes on constitutional outcomes. Much of the debate reduces to the question of who is involved in the process and when. We consider two central issues in this regard. The first is the problem of institutional self-dealing, or whether governmental organs that have something to gain…

  • National Courts, Domestic Democracy, and the Evolution of International Law

    T Ginsburg•ARTICLE•European Journal of International…•2009•Citada por: 1

    Benvenisti and Downs, ‘National Courts, Domestic Democracy, and the Evolution of International Law’, 20 EJIL (2009) 59, http://ejil. oxfordjournals.org/cgi/reprint/20/1/59. * Professor, University of Chicago Law School. Email: [email protected]. The application of the tools of international relations, particularly those associated with rational choice analysis, to problems of international law has generated many important insights in the las…

  • Guarding the Guardians

    Nuno Garoupa, T Ginsburg•ARTICLE•The American Journal of…•2009•Citada por: 12

    This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they di…

  • East Asian Regionalism from a Legal Perspective

    T Ginsburg•ARTICLE•Social Science Japan Journal•2010

    Journal Article East Asian Regionalism from a Legal Perspective: Current Features and a Vision for the Future Get access East Asian Regionalism from a Legal Perspective: Current Features and a Vision for the Future, edited by Tamio Nakamura. London: Routledge, 2009, 286 pp., $135.00 (ISBN 978-0-415-48857-5) Tom GINSBURG Tom GINSBURG University of Chicago Search for other works by this author on: Oxford Academic Google Scholar Social Science Japan…

  • Studying Japanese Law Because It's There

    T Ginsburg•ARTICLE•The American Journal of…•2010•Citada por: 4

    John Haley’s essay offers a number of reasons why the study of Japanese law is as relevant as ever. This reply extends and, in part, challenges Haley’s claims, focusing especially on the relevance of Japanese experience for questions of institutional development and change. The reply also emphasizes non-instrumental rationales for the study of foreign legal systems

  • Courts and New Democracies

    Open Access•T Ginsburg•ARTICLE•Law & Social Inquiry•2012•Citada por: 4•Referências: 7

    Recent literature on comparative judicial politics reveals a variety of roles that courts adopt in the process of democratization. These include, very rarely, serving as a trigger for democratization and, more commonly, serving as downstream guarantor for departing autocrats or as downstream consolidator of democracy. In light of these roles, this article reviews six relatively recent books: Courts in Latin America , edited by Helmke and Rios-Fig…

  • The Empirical Turn in International Legal Scholarship

    Open Access•Gary Shaffer, Gregory Shaffer et al.•ARTICLE•American Journal of International…•2012•Citada por: 43•Referências: 72

    There is a new empirical turn in international legal scholarship. Building on decades of theoretical work in law and social science, a new generation of empirical studies is elaborating on how international law works in different contexts. The theoretical debate over whether international law matters is a stale one. What matters now is the study of the conditions under which international law is formed and has effects. International law is the pr…

  • On the Interpretability of Law

    Open Access•James Melton, Zachary Elkins et al.•ARTICLE•British Journal of Political…•2013•Citada por: 13•Referências: 16

    An implicit element of many theories of constitutional enforcement is the degree to which those subject to constitutional law can agree on what its provisions mean (call this constitutionalinterpretability). Unfortunately, there is little evidence on baseline levels of constitutional interpretability or the variance therein. This article seeks to fill this gap in the literature, by assessing the effect of contextual, textual and interpreter chara…

  • Comparative Constitutional Law (Jörg Menzel)

    T Ginsburg, Rosalind Dixon•ARTICLE•Verfassung in Recht und Übersee•2013•Citada por: 1•Referências: 1

    VRÜ Verfassung und Recht in Übersee , Seite 112 - 113

  • From Contract to Status

    Open Access•T Ginsburg•ARTICLE•AJIL Unbound•2014

    In the mid-nineteenth century, the great anthropologist Henry Sumner Maine observed that legal systems tended to move over time from “status to contract” by which he meant that rights and duties were increasingly determined by consent rather than social or demographic factors. Maine’s thesis might have been applied to international law during the long era of high positivism, in which consent became the dominant principle after the Peace of Westph…

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