By Justin Kempf A review of Buddhism and Comparative Constitutional Law edited by Tom Ginsburg and Benjamin Schonthal. Buddhism and Constitutional LawOver the past year I have made a real effort to explore constitutional law. Americans talk quite a bit about their constitution, but they know very little about constitutions in other countries. They often presume... Continue Reading →
Tom Ginsburg Shares his Thoughts on Democracy and International Law
Tom Ginsburg is a professor of international law and political science at the University of Chicago. He is the coauthor of How to Save a Constitutional Democracy with Aziz Huq and the author of Democracies and International Law. At the end of the day, I am optimistic despite all the evidence. First of all, I think... Continue Reading →
International Law: Why Do Democracies Embrace it?
International Law and Democracies International is a riddle for the political theorist. It exists despite the absence of any formal state or government. So, not only is there no international body to enforce its edicts, but it lacks any formal institution to promulgate its laws. It bypasses the notion of sovereignty traditional democratic theory depended... Continue Reading →
Tom Ginsburg – Judicial Review in New Democracies
American politics has a long tradition of resolution through adjudication. There is a fear the 2020 Presidential Election will be resolved in the courts rather than the voting booth. The appointment of Amy Coney Barrett to the Supreme Court left “the left” on edge before the election formally began. There is a fear the Presidential... Continue Reading →
Tom Ginsburg and Aziz Huq – How to Save a Constitutional Democracy
It is common to qualify democratic governance as not simply democracy but liberal democracy. This is natural because freedom has been associated with democracy dating back to the Greek philosophers Plato and Aristotle. It is difficult to imagine an illiberal democracy which retained the foundations of democratic governance within an authoritarian or even totalitarian context.... Continue Reading →