Comparative Constitutions Project

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The Comparative Constitutions Project is an academic study of the content of the world's constitutions from 1789 to 2022, with yearly updates. The project was founded by Zachary Elkins and Tom Ginsburg in 2005 when they were colleagues at the University of Illinois and fellows at the Cline Center for Advanced Social Research. [1] The primary objective of the project is to understand the origins and consequences of constitutional choices. [2] Most of the seed money for the project came from the Cline Center, as well as two successive grants from the National Science Foundation. [3] [4] James Melton, a graduate student at Illinois, joined Elkins and Ginsburg as a full collaborator before leaving academia in 2015. The project continues to be administered by Elkins and Ginsburg as a collaboration between the University of Texas and the University of Chicago, where they are based, respectively. [5] [6]

Contents

Project datasets

Data from the project is used primarily by scholars of comparative politics and comparative law. [7] The data, particularly the repository of indexed texts (constitute), are also widely used by constitutional drafters to guide the inventory and choices of constitutional drafters. [8]

Constitutional events

A first stage of the project has entailed the documentation, or census, of each historical constitutional "event" (e.g., replacement, amendment, suspension, etc.) for each of the countries included in the sample. [9] This chronological dataset is published as the "Chronology of Constitutional Events." [10] The sample includes every recognized independent state in the Ward and Gleditsch list [11] (including most microstates) in existence for at least some period since 1789. This recording of events has been useful to researchers who study institutional reform historically, has become a standard accounting of the census of historical constitutions. [12] [13] Currently, the project lists the existence of 799 constitutional "systems" since 1789, 2,999 amendments to these 799 systems, 85 suspensions, 66 reinstated constitutions, and 95 interim constitutions. [14] The project maintains a visualization of these chronologies.

Constitutional texts

The project's researchers have collected the text for nearly every system (in the year of its enactment) as well as most of the amendments to these systems. (They list a set of "most wanted" texts for those that they are missing [15] ). They maintain an indexed repository of these texts on Constitute, an online tool that the researchers built with engineers at Google (see below).[ citation needed ]

Characteristics of constitutions

A central, component of the project is the coding of some 650 characteristics of constitutions (and their revisions, aggregated yearly). These data are disseminated in a dataset published yearly as the "Characteristics of National Constitutions." [16] More than 200 studies have employed the data for the analysis of the origins and effects of constitutional choices, as well as a description of institutional forms over time. [17] The authors have published several studies about the reliability and comparability of the data. [18] [19]

A number of data projects have spun off from the project's core sets of data. For example, some data projects have recorded information about the process of constitution making. [20] Other researchers have deepened the topic coverage by coding topics in more detail. The project site maps some of these related data projects through a set of standardized topics (ontology), for which the team received a third grant from the National Science Foundation. [21]

Repository of texts (Constitute)

In 2013, CCP teamed up with Google Ideas (now Jigsaw) to launch Constitute, an indexed repository of currently-in-force constitutional texts. [22] The point of Constitute is to provide representative text for each of 330 constitutional topics for constitutional drafters throughout the world. The site has been localized in Spanish and Arabic, which include a small number of texts translated into those languages. [23] The site receives some 7,000 visitors a day and has won a number of awards for civic tech contributions and information design. [24] Psycle Interactive, a digital production company based in the UK, has worked closely with the team since 2013.[ citation needed ]

Semantic web and controlled vocabularies

The data model for the site, which has evolved since 2013, represents one of the early uses of Semantic Web technology. [25] A central focus of the project has been the articulation of a standardized vocabulary to track constitutional topics and to link various datasets on constitutions and politics.

Related Research Articles

<span class="mw-page-title-main">Constitution</span> Fundamental principles that govern a state

A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.

<span class="mw-page-title-main">Constitution of the People's Republic of China</span> Constitution of China

The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.

<span class="mw-page-title-main">President of Namibia</span> Head of state and government of Namibia

The president of the Republic of Namibia is the head of state and the head of government of Namibia. The president directs the executive branch of the Government of Namibia, as chair of the Cabinet and is the commander-in-chief of the armed forces, according to the Constitution of Namibia.

<span class="mw-page-title-main">Constitutional Council (France)</span> National constitutional ruling body of the French Republic

The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the Republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.

<span class="mw-page-title-main">History of the Constitution of Brazil</span>

During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.

<span class="mw-page-title-main">Constitution of Venezuela</span> Current and 26th constitution of Venezuela

The Constitution of the Bolivarian Republic of Venezuela is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that had been created by popular referendum. Adopted in December 1999, it replaced the 1961 Constitution, the longest-serving in Venezuelan history. It was primarily promoted by then President of Venezuela Hugo Chávez and thereafter received strong backing from diverse sectors, including figures involved in promulgating the 1961 constitution such as Luis Miquilena and Carlos Andrés Pérez. Chávez and his followers (chavistas) refer to the 1999 document as the "Constitución Bolivariana" because they assert that it is ideologically descended from the thinking and political philosophy of Simón Bolívar and Bolivarianism. Since the creation of the Constituent National Assembly in August 2017 until its dissolution in December 2020, the Bolivarian government had declared the 1999 constitution suspended until a new constitution was created.

<span class="mw-page-title-main">Barbadian nationality law</span> History and regulations of Barbadian citizenship

Barbadian nationality law is regulated by 1966 Constitution of Barbados, as amended; the Barbados Citizenship Act, as amended; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Barbados. Barbadian nationality is typically obtained under the rules of jus sanguinis, i.e. by birth to a father or in some cases, a mother, with Barbadian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is currently no program in Barbados for citizenship by investment, though they do have a special work visa program. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth, has traditionally used the words interchangeably.

A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights.

<span class="mw-page-title-main">Government of China</span>

The government of the People's Republic of China is based on a system of people's congress within the parameters of a unitary communist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's congresses. This system is based on the principle of unified state power, in which the legislature, the National People's Congress (NPC), is constitutionally enshrined as "the highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the President of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. By law, all elections at all levels must adhere to the leadership of the CCP. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.

<span class="mw-page-title-main">Persian Constitution of 1906</span> Fundamental law of Qajar Iran

The Persian Constitution of 1906, was the first constitution of the Sublime State of Persia, resulting from the Persian Constitutional Revolution and it was written by Hassan Pirnia, Hossein Pirnia, and Esmail Momtaz, among others. The Constitution was also in effect during Pahlavi Iran. It divides into five chapters with many articles that developed over several years. The Quran was the foundation of this constitution while the Belgian constitution served as a partial model for the document, which guaranteed each citizen equality before the law, and a safeguarding of personal honour, property and speech.

<span class="mw-page-title-main">Constitution of Brazil</span> Supreme law of Brazil

The Constitution of the Federative Republic of Brazil is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the federal government of Brazil. It replaced the autocratic 1967 constitution capping 21 years of military dictatorship and establishing Brazil's 6th republic, also known as the New Republic. Made in the light of the Brazilian transition to democracy, it resignified the role of the state in the citizens' lives, providing a vast system of human and individual rights protection, social welfare, and democratic tools.

<span class="mw-page-title-main">Tom Ginsburg</span> American lawyer (born 1967)

Tom Ginsburg is the Leo Spitz Distinguished Service Professor of International Law and Professor of Political Science at the University of Chicago and a member of the American Academy of Arts and Sciences. He is primarily known as a scholar of international and comparative law, with a focus on constitutions and a regional specialty of East Asia.

<span class="mw-page-title-main">National People's Congress</span> National legislature of the Peoples Republic of China

The National People's Congress (NPC) is the highest organ of state power of the People's Republic of China. The NPC is the only branch of government in China, and per the principle of unified power, all state organs from the State Council to the Supreme People's Court (SPC) are subservient to it. With 2,977 members in 2023, it is the largest legislative body in the world. The NPC is elected for a term of five years. It holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square in Beijing.

Claire Louise Bowern is a linguist who works with Australian Indigenous languages. She is currently a professor of linguistics at Yale University, and has a secondary appointment in the department of anthropology at Yale.

<span class="mw-page-title-main">Eirikur Bergmann</span> Icelandic academic and writer

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<span class="mw-page-title-main">Comparative Study of Electoral Systems</span> Collaborative research project

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<span class="mw-page-title-main">Lars-Erik Cederman</span> Swiss-Swedish political scientist

Lars-Erik Cederman is a Swiss-Swedish political scientist and professor of International Conflict Research at ETH Zurich. His main fields of research are ethnic inequality and conflict, power-sharing, state formation and nationalism.

Jessica Hullman is a computer scientist and the Ginni Rometty associate professor of Computer Science at Northwestern University. She is known for her research in Information visualization.

<span class="mw-page-title-main">Term limits in Russia</span>

Russia imposes term limits on its president, preventing officeholders from being reelected after a number of terms has been reached. It historically imposed term limits on governors of its federal subjects. These limits are defined by the Constitution of Russia.

Doris Lander Payne is an American linguist and professor emerita of linguistics at the University of Oregon. Her research specializes in the morphosyntax of understudied languages, including indigenous languages of the Americas, Nilotic languages and especially Maasai of East Africa, languages of West Africa, Austronesian languages, and others.

References

  1. The American Bar Foundation. "The Comparative Constitutions Project." 2013. Researching Law Vol. 24, No. 4. https://www.americanbarfoundation.org/wp-content/uploads/2023/02/rl_vol._24_no._4_fall_2013.pdf
  2. "Comparative Constitutions Project - Informing Constitutional Design". Comparative Constitutions Project. August 8, 2023. Retrieved September 13, 2023.
  3. "Comparative Constitutions Project | Cline Center". clinecenter.illinois.edu. Retrieved July 10, 2024.
  4. Elkins, Zachary and Tom Ginsburg. "Formal Characteristics of National Constitutions: A Cross-National Historical Dataset." National Science Foundation, Award Nos. 0648288 and 0819102. Online at https://www.nsf.gov/awardsearch/showAward?AWD_ID=0648288&HistoricalAwards=false and https://www.nsf.gov/awardsearch/showAward?AWD_ID=0819102&HistoricalAwards=false
  5. "Comparative Constitutions Project - Informing Constitutional Design". Comparative Constitutions Project. 2023-08-08. Retrieved 2023-09-13.
  6. Alex Reshanov. "Laws of the Lands: Exploring the World's Constitutions." Life and Letters. March 22, 2023.
  7. "Comparative constitutions project (CCP)". scholar.google.com. Retrieved July 10, 2024.
  8. "Mix and match". The Economist. ISSN   0013-0613 . Retrieved July 10, 2024.
  9. "Comparative Constitutions Project - Informing Constitutional Design". Comparative Constitutions Project. August 8, 2023. Retrieved September 19, 2023.
  10. "Comparative Constitutions Project - Informing Constitutional Design". Comparative Constitutions Project. December 1, 2023. Retrieved July 10, 2024.
  11. Gleditsch, Kristian S.; Ward, Michael D. (December 1, 1999). "A revised list of independent states since the congress of Vienna". International Interactions. 25 (4): 393–413. doi:10.1080/03050629908434958. ISSN   0305-0629.
  12. Elkins, Zachary; Ginsburg, Tom; Melton, James (October 12, 2009). The Endurance of National Constitutions. Cambridge University Press. doi:10.1017/cbo9780511817595. ISBN   978-0-521-73132-4.
  13. Cite to the event data
  14. Elkins, Zachary, Tom Ginsburg, and James Melton. "Chronology of Constitutional Events, v.1.3." Online at https://comparativeconstitutionsproject.org
  15. "CCP’s Most Wanted Texts." Post from September 5, 2018. https://comparativeconstitutionsproject.org
  16. Characteristics of National Constitutions. Documentation and Data. To be completed
  17. "Comparative Constitutions Project." Google Scholar Citations. https://scholar.google.com/citations?view_op=view_citation&hl=en&user=mhIGFq8AAAAJ&citation_for_view=mhIGFq8AAAAJ:3ssty3PwuTgC
  18. Melton, James; Elkins, Zachary; Ginsburg, Tom; Leetaru, Kalev (October 9, 2012). "On the Interpretability of Law: Lessons from the Decoding of National Constitutions". British Journal of Political Science. 43 (2): 399–423. doi:10.1017/s0007123412000361. hdl: 2152/22252 . ISSN   0007-1234. S2CID   28979765.
  19. Elkins, Zachary; Ginsburg, Tom (May 11, 2021). "What Can We Learn from Written Constitutions?". Annual Review of Political Science. 24 (1): 321–343. doi:10.1146/annurev-polisci-100720-102911. ISSN   1094-2939. S2CID   233925573.
  20. Blount, Justin; Elkins, Zachary; Ginsburg, Tom (February 27, 2012), "Does the Process of Constitution-Making Matter?", Comparative Constitutional Design, Cambridge University Press, pp. 31–66, doi:10.1017/cbo9781139105712.004, hdl: 2152/22257 , ISBN   9781139105712 , retrieved September 13, 2023
  21. "NSF Award Search: Award # 2315189 - Concept Integration in Comparative Law: Linking Constitutional, Consultation, and Court Analysis". www.nsf.gov. Retrieved July 10, 2024.
  22. Fareed Zakaria. Last Look: Google's constitution database | CNN, September 30, 2013, retrieved September 19, 2023
  23. "Constitute in Arabic and Spanish." https://comparativeconstitutionsproject.org/arabic-constitute/
  24. "Constitute".
  25. Elkins, Zachary; Ginsburg, Tom; Melton, James; Shaffer, Robert; Sequeda, Juan; Miranker, Daniel P. (2014). "Constitute: The World's Constitutions to Read, Search, and Compare". SSRN Electronic Journal. doi:10.2139/ssrn.3199104. ISSN   1556-5068.