Social Capital, Institutional Rules, and Constitutional Amendment Rates

19 July 2023, Version 2
This content is an early or alternative research output and has not been peer-reviewed at the time of posting.

Abstract

Why are some constitutions amended more frequently than others? The literature provides few clear answers, as some scholars focus on institutional factors, while others emphasize amendment culture. We bridge this divide with new theoretical and empirical insights. Using data from democratic constitutions worldwide and US 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.

Keywords

constitutional amendments
constitutional rigidity
social capital
transaction costs
social movements

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