文章基本信息

标题：Measuring Procedural and Substantial Amendment Rules: An Empirical Exploration
本地全文：下载
作者：Nuno Garoupa ; Catarina Santos Botelho
期刊名称：German Law Journal
电子版ISSN：2071-8322
出版年度：2021
卷号：22
期号：2
页码：216-237
DOI：10.1017/glj.2021.2
出版社：Cambridge University Press
摘要：Abstract Constitutional amendment difficulty or rigidity has generated extensive literature in recent times, both conceptually and empirically. Although constitutional scholars seem divided about the importance and significance of amendment limits, there has been a proliferation of indicators and statistical analysis. In this Article, while recognizing the normative debate, we provide an empirical exploration for thirty-seven countries based on factor analysis of both formal procedural rules—usually the focus of empirical work—and substantial amendment rules—which are less developed in the quantitative literature. We discuss the existing contradictions across available indicators. Implications for the literature are derived.
关键词：Measuring amendment difficulty; formal and substantial limitations; constitutional rigidity and flexibility; normative and empirical legal reasoning