Inferring Mechanisms for Global Constitutional Progress

Abstract

Constitutions help define domestic political orders, but are known to be influenced by two international mechanisms: one that reflects global temporal trends in legal development, and another that reflects international network dynamics such as shared colonial history. We introduce the provision space; the growing set of all legal provisions existing in the world's constitutions over time. Through this we uncover a third mechanism influencing constitutional change: hierarchical dependencies between legal provisions, under which the adoption of essential, fundamental provisions precedes more advanced provisions. This third mechanism appears to play an especially important role in the emergence of new political rights, and may therefore provide a useful roadmap for advocates of those rights. We further characterise each legal provision in terms of the strength of these mechanisms.