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Playing for constitutional time: Interim constitutions and transitional provisions

In: The Timing of Lawmaking

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  • Tom Ginsburg
  • Eric Alston

Abstract

Regime transition is a central challenge in constitutional design. This chapter discusses two increasingly popular mechanisms to effectuate the transition between regimes: (i) interim constitutions; and (ii) transitional provisions. Both mechanisms involve the manipulation of temporality, limiting duration of what is supposed to be an enduring form. This chapter provides a theory of when these devices are useful, positive evidence of their use in national constitutions, and a discussion of normative considerations. Keywords: timing rules, constitutional transition, interim constitutions, transitional provisions

Suggested Citation

  • Tom Ginsburg & Eric Alston, 2017. "Playing for constitutional time: Interim constitutions and transitional provisions," Chapters, in: Frank Fagan & Saul Levmore (ed.), The Timing of Lawmaking, chapter 5, pages 110-129, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16931_5
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    Economics and Finance; Law - Academic;

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