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Inferring mechanisms for global constitutional progress.
Alex Rutherford1, Yonatan Lupu2, Manuel Cebrian3
1UNICEF Office of Innovation, New York, NY, USA. alex@alexrutherford.org.
Nature Human Behaviour
|June 19, 2019
Summary
Constitutional provisions evolve over time, influenced by international factors. Hierarchical effects, where adopting one provision encourages others, are key to developing new political rights.
Area of Science:
- Political Science
- Legal Studies
- Computational Social Science
Background:
- Constitutions shape domestic politics but are influenced by international factors.
- Previous research focused on temporal and network-based influences on constitutional change.
Purpose of the Study:
- Introduce and define the 'provision space' concept.
- Quantify temporal and network effects on constitutional change.
- Propose and investigate the role of hierarchical effects in constitutional evolution.
Main Methods:
- Utilize network science and information retrieval techniques.
- Analyze the global 'provision space' of legal provisions across constitutions.
- Compare temporal, network, and hierarchical mechanisms driving constitutional change.
Main Results:
- The 'provision space' of global constitutional provisions grows over time.
- Temporal and network effects are quantifiable influences on constitutional change.
- Hierarchical effects significantly contribute to the adoption of new constitutional provisions, particularly political rights.
Conclusions:
- Hierarchical mechanisms are crucial for understanding constitutional evolution.
- The study provides a framework for analyzing the spread of constitutional provisions.
- Findings offer insights for advocates promoting new political rights globally.
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