Saturday, February 6, 2016

The Declining Influence of the United States Constitution

That's the title of a provocative article which claims that when nations look to redesign their constitutions, they are likely to look to other countries for models. Ours is kinda old.

- Click here for it.

The Q and A with one of the authors is worth a look.

- Click here for that.

She speculates why the decline:

- The most likely reason for the declining appeal of the U.S. Constitution lies in the Constitution itself. We find that the U.S. Constitution is increasingly out of step with a global constitutional consensus on human rights. There are a number of features that make the U.S. Constitution atypical:

- The U.S. Constitution contains a relatively small number of enumerated rights. While other constitutions around the world have gradually become more rights-inclusive, the U.S Constitution has not added any rights at all over the last century.

- Among the relatively few rights that the U.S. Constitution does contain are some provisions that are rare at the global level. Examples of such provisions include the establishment clause (adopted by about 30 percent of the world’s constitutions) and the right to bear arms (adopted by less than 2 percent of the world’s constitutions today).

- The U.S. Constitution omits a number of generic building blocks of global rights constitutionalism. Women’s rights, for example, are found in 90 percent of the world’s constitutions but do not appear in the U.S. Constitution. The same is true for physical-needs rights, such as the right to social security, the right to health care and the right to food, which appear in some form in roughly 80 percent of the world’s constitutions.