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Why Do Some Constitutional Rights Stick While Others Don't?

Constitutional RightsOrganizational RightsIndividual RightsDe Facto ProtectionStatistical AnalysisCountry-Level DataLaw Courts Justice@AJPS8 R files10 Stata files1 datasetDataverse
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This study investigates whether constitutional rights influence government behavior.

Organizational vs Individual Rights: We find a key distinction: organizational rights (unionize, form parties) increase de facto protection because they create institutions to enforce those rights.

Individual Rights Alone Not Enough: In contrast, individual rights alone lack this enforcement mechanism and thus prove less effective.

How Does This Work?:

  • Organizational rights enable self-enforcing systems through collective bodies.
  • Individual rights require these supporting organizations for real impact.

The Data Source: Analyzed constitutional rights data from 186 countries using advanced statistical methods. The findings suggest political science research should focus more on organizational frameworks.

Article card for article: Do Constitutional Rights Make a Difference?
Do Constitutional Rights Make a Difference? was authored by Adam Chilton and Mila Versteeg. It was published by Wiley in AJPS in 2016.
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American Journal of Political Science