The Determinants of Constitutional Amendability: amendment models or amendment culture? - Z. Elkins et al., The Endurance of National Constitutions (Cambridge University Press2009); - T. Ginsburg and J. Melton, ‘Does the Constitutional Amendment Rule Matter at All? Amendment Cultures and the Challenges of Measuring Amendment Difficulty’, 13(3) International Journal of Constitutional Law (2015) p. 686–713.

Abstract

This essay discusses the use of culture in comparative constitutional amendment theory. In particular it assesses the use of culture in normative-culturalist as opposed to empirical approaches of constitutional amendment. It discusses the notion of 'amendment culture' put forth by Ginsburg and Melton, delineating how this represents a shift compared to their earlier work (Elkins, Ginsburg and Melton). Moreover, it probes their idea of a measurable amendment culture in light of the recent work by L. Epstein and A.D. Martin on empirical methodology on one hand, and as regards our own approach to constitutional change through amendment models on the other. This essay examines these approaches to explore their possible contribution to the design of formal amendment rules.