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The U.S. Constitution: A Global Perspective, - Essay Example

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A study by University of Virginia and Washington University scholars in 2012 reported that 160 out of 170 constitutions around the globe, as of…
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The U.S. Constitution: A Global Perspective,
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The U.S. Constitution: A Global Perspective,

Download file to see previous pages... The documents were assessed with the basis on two hundred and thirty seven variables, with the main focus on human rights. The results showed that references to the US constitution were dropping in the drafting of constitutions globally. This paper aims to discuss the reasons for this decline in influence, as well as why Americans should be worried about it.
In comparison to a generic bill of rights collated from sixty human rights in over 70% of constitutions globally up to 2006, the constitution of the US guarantees relatively few rights (Amar & Tushnet, 2009). The US constitution contains less than a half of the generic rights bill, for example, health care or women’s rights. In contrast, the US constitution is rooted in a tradition of constitutional libertarianism inherently antithetical to any notion of positive rights. Freedoms of the press and self-expression, a guarantee of equality, the right to privacy and the right to private property can be found in approximately 97% of all constitutions (Amar & Tushnet, 2009). In 10% or less of these constitutions, present rights included rights for the right to bear arms, the legal protection of fetuses and the victims of cruelty. The other constitutions, which feature the right to bear arms, are those of Mexico and Guatemala.
The 1990s, during which the cold war ended, saw a period of constitution making in Eastern Europe, Asia, and Africa, and with victory in the cold war, it might have been expected to see America’s constitution influence the writing of these constitutions. However, this was not so, with a noticeable decline in relative similarity to the constitution of the United States (Amar & Tushnet, 2009).
While the average constitution possesses a 38% chance of revision in any year, with replacement every nineteen years, the constitution of the US has only been amended once in the last forty years, having survived for two centuries (Fletcher & Sheppard, 2009). In many ...Download file to see next pagesRead More
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