Introduction

Fruhstorfer, Anna; Hein, Michael

doi:10.1007/978-3-658-13762-5_1

Cited by 1 publication

(1 citation statement)

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“…If constitutional designers desire entrenchment, for example, what should they do? According to some scholars, rigid amendment rules constrain elites seeking constitutional change (Dixon and Holden 2012; Elkins, Ginsburg, and Melton 2009; Ferejohn 1997; La Porta et al 2004; Lijphart 2012; Lorenz 2005; Lutz 1994; Negretto 2012; Rasch and Congleton 2006; Tsebelis 2022), whereas others have suggested that amendment culture plays a larger role than institutional rules (Contiades and Fotiadou 2013; Fruhstorfer and Hein 2016; Ginsburg and Melton 2015; Tarabar and Young 2021).…”

Section: Introductionmentioning

confidence: 99%

Social Capital, Institutional Rules, and Constitutional Amendment Rates

et al. 2023

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Why are some constitutions amended more frequently than others? The literature provides few clear answers, as some scholars focus on institutional factors, whereas others emphasize amendment culture. We bridge this divide with new theoretical and empirical insights. Using data from democratic constitutions worldwide and U.S. state constitutions, we examine how social capital reduces the transaction costs imposed by amendment rules. The results indicate that constitutional rigidity decreases amendment frequency, but group membership, civic activism, and political trust can offset the effect of amendment rules. Our findings have important implications for scholars in public law, constitutional and democratic theory, and social movements.

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