Justice Ginsburg on constitution making c. 2012

Ruth Bader Ginsburg To Egypt: Don’t Use US Constitution As A Model

“You should certainly be aided by all the constitution-writing that has gone one since the end of World War II. I would not look to the US constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, had an independent judiciary… It really is, I think, a great piece of work that was done. Much more recent than the US constitution – Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world?,” Supreme Court Justice Ruth Bader Ginsburg said in an interview with Al Hayat TV in Egypt.

4 Comments

  2. What’s wrong with the US constitution? I mean obviously all the anachronistic clauses could be taken out, but doesn’t it promote self-government and the protection of our fundamental rights and isn[t this what Egypt wants?

    • Do you know how to say “harrumph!”?

      Note that in Ginsberg’s view of a desirable Constitution there are guarantees for things such as shelter and food and education. Those are outcome-based “rights” and positive, rationalist law. The US Constitution is based on negative, natural law.

      I argue that the need for the UN type, international “human rights” are a result of the absence of the natural law protections that we enjoy.

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