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Law versus Norms: The Impact of Human-Rights Treaties on National Bills of Rights

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  • Mila Versteeg

Abstract

The constitutional incorporation of international human-rights law is often seen as one of the most powerful ways in which treaty norms can be enforced at the local level. This paper examines empirically if and how human-rights treaties alter rights commitments in national constitutions. Analyzing the adoption of 103 constitutional rights - only some of which are enshrined in treaties - in 188 countries over a sixty-one-year period, the paper finds that the impact of human-rights treaties on a country's menu of constitutional rights is limited. In some cases, treaty ratification even results in the adoption of fewer constitutional rights.

Suggested Citation

  • Mila Versteeg, 2015. "Law versus Norms: The Impact of Human-Rights Treaties on National Bills of Rights," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 87-111, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201503)171:1_87:lvntio_2.0.tx_2-f
    DOI: 10.1628/093245613X14204441572731
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    References listed on IDEAS

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    1. Carter, David B. & Signorino, Curtis S., 2010. "Back to the Future: Modeling Time Dependence in Binary Data," Political Analysis, Cambridge University Press, vol. 18(3), pages 271-292, July.
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    Cited by:

    1. Maya Sen, 2015. "How Ratifying Treaty Rights Could Affect Norms, Laws, and Constitutional Language," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 112-117, March.
    2. Kevin L. Cope & Charles Crabtree, 2020. "A Nationalist Backlash to International Refugee Law: Evidence from a Survey Experiment in Turkey," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 752-788, December.
    3. Adam S. Chilton & Mila Versteeg, 2015. "The Failure of Constitutional Torture Prohibitions," The Journal of Legal Studies, University of Chicago Press, vol. 44(2), pages 417-452.
    4. Christoph Engel & Urs Schweizer, 2015. "Does the Law Deliver? 32nd International Seminar on the New Institutional Economics June 11-14, 2014, Regensburg, Germany," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 1-5, March.

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    More about this item

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • C21 - Mathematical and Quantitative Methods - - Single Equation Models; Single Variables - - - Cross-Sectional Models; Spatial Models; Treatment Effect Models
    • O33 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Technological Change: Choices and Consequences; Diffusion Processes

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