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This book “follows the decisions” and studies how in different countries amendment rules have a fundamental impact on how easy it will be to make amendments and how frequent and/or significant these amendments are likely to be. The amendment rules specify how many institutions are required to approve the change, what the conditions are (quorums, qualified majorities) in each one, and whether these rules operate in a conjunctive or disjunctive way. All these conditions have specific effects on the constitutional rigidity of a country, which in turn is expected to have effects in three different directions. First, the frequency and significance of amendments are inversely related with the constitutional rigidity of the country and its variance. The more significant the amendments, the stronger this relationship. Second, the length of the constitution is correlated with a series of negative results like time inconsistency as well as economic variables. Third, constitutional rigidity affects judicial independence of the supreme or constitutional court and its variance. The main contribution of this book is the combination of these ideas in a coherent framework, from theory to case studies or application to all democracies.
Changing the Rules enters into the debate between theoretical analyses of constitutional amendments (considered the most important part of a constitution) and empirical research (which argues that amendment provisions have little or no significance). George Tsebelis demonstrates how strict provisions are a necessary condition for amendments to have low frequency and significance and provides empirical evidence from case studies and over 100 democracies to corroborate this claim. Examining various cultural theories that dispute these findings, Tsebelis explains why their conclusions have weak foundations. He argues that constitutional rigidity is also a necessary condition for judicial independence and provides theoretical argument and empirical evidence. Tsebelis also establishes a negative correlation between the length of a constitution and problematic indicators such as time inconsistency, low GDP/capita, high corruption, inequality, and lack of innovation. This title is also available as Open Access on Cambridge Core.
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