
Contents
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Constitutions as Constraints Constitutions as Constraints
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The Central Insights of Entrenchment Theories The Central Insights of Entrenchment Theories
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Additional Explanations for Constitutional Development Additional Explanations for Constitutional Development
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Institutional Structures and Constitutional Change Institutional Structures and Constitutional Change
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Must Constitutions Be Stable Over Time? Must Constitutions Be Stable Over Time?
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Beyond Hegemons and Constraints Beyond Hegemons and Constraints
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4 Why Write New Rights? Understanding Constitutional Development Apart from Entrenchment
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Published:April 2013
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Abstract
This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of constitutions as constraints before discussing the main assumptions of entrenchment theories. It then considers the distinctions among the concepts of entrenchment, judicialization, and constitutional development. It also offers additional accounts of constitutional development and highlights several unique features of constitutional law, other than its (widely recognized) capacity to entrench established policies by allowing courts to protect them. The chapter contends that we should view state constitutions' responsiveness to social change as a feature that allows us to expand the existing understanding of constitutional development.
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