Tom Ginsburg is the Leo Spitz Professor of International Law at the University of Chicago, working on comparative and international law from an interdisciplinary perspective.

Upcoming Publications

 

The Law of Democratic Disqualification

By Tom Ginsburg, Aziz Z. Huq and David Landau*

Forthcoming, California Law Review 2023

Almost all constitutions, including our own, include one or more ways to disqualify specific individuals from political office. The U.S. Constitution, indeed, incorporates no less than four overlapping pathways toward disqualification. This power of retail disqualification stands at the heart of the complex project of democratic rule. In practice, it works both an instrument for preserving democratic rule, and also a threat against it. This Article is the first to analyze systematically the complex positive and normative questions raised by disqualification. It offers both a positive account of the function that disqualification plays in constitutional ordering, and a normative account of the role that it should play.

 
 

Democracies and International Law

Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.

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